Cases - Avon Estates Ltd v Welsh Ministers
Record details
- Name
- Avon Estates Ltd v Welsh Ministers
- Date
- [2011]
- Citation
- EWCA Civ 553
- Legislation
- Keywords
- Planning permission - breach of condition
- Summary
-
Between 1964 and 1973 various planning permissions had been granted for holiday bungalows on the Welsh coast. Each planning permission was subject to a condition stating that the permission would expire on a certain date and requiring the site to be restored to its former use. The permissions were also subject to other conditions, including one limiting occupation during the holiday season. The bungalows remained in existence long after the date specified for expiry of the permissions and no enforcement action was taken to secure their removal within the relevant time limit for enforcement for breach of condition. It was accepted that the bungalows were immune from enforcement action and the appellant sought lawful development certificates.
The issue in the case was whether the seasonal occupancy conditions still applied, or whether the bungalows could be lived in all year round. The Court of Appeal held that a condition attached to a temporary permission (other than a restoration or aftercare condition) could not outlive the permission itself. It would be illogical and internally inconsistent to have a planning permission for a specified period and a condition which contradicts this by assuming that development is being authorised for a longer period. It is analogous to cases such as Handoll v Warner Goodman [1995] where it was held that a condition cannot be enforced if the landowner does not have to rely on the permission to authorise development. In that case a building was erected some distance from the location authorised by the planning permission. Accordingly the building was unauthorised and it had become immune from enforcement under the 4-year rule. The conditions for the authorised building could not apply to the unauthorised building.