Cases - Walton v Sedgefield Borough Council

Record details

Name

Walton v Sedgefield Borough Council

Date

[1999]

Citation

JPL 541

Keywords

Planning control

Summary

Mr Walton was prosecuted by the local authority for not complying with an enforcement notice. He claimed that the prosecution had not proved that he was the owner of the land at the material time. The evidence upon which the justices relied was an application by Walton for a lawful use certificate, on which he had described himself as the owner, and letters from his solicitor which used terms indicating that he was the owner.

The defence submitted that it is necessary in every case to prove who receives or is capable of receiving the rack rent. The Divisional Court rejected this. What is sufficient to establish ownership depends on the circumstances of the case. There was nothing in this case to suggest any complexity of interests in the land. The certificate and letters were admissible evidence that provided prima facie evidence of ownership to the criminal standard of proof.