Royale Parks Ltd v Secretary of State for Housing, Communities and Local Government

Subject Matter

PLANNING — Development — Certificate of lawful use — Claimant owning caravan site subject to planning condition that caravans not to be occupied as sole or main residence — Local planning authority granting certificate of lawful use in relation to some caravans occupied in breach of condition for period in excess of ten years — Authority refusing claimant’s application for certificate in relation to other caravans on site — Approach where certificates of lawful use granted in respect of units forming part of relevant land — Whether breach of conditions on part of site applying to entirety of relevant land — Whether planning condition ceasing to have effect

[2021] EWCA Civ 1101; [2022] PTSR 184; [2021] WLR(D) 406, CA