Caravan may have had implied licence allowing planning appeal against enforcement notice

Only a person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal against an enforcement notice under Section 174(1) of the Town and Country Planning Act 1990.

Having an interest in the land means having a legal ownership or a beneficial ownership eg as a beneficiary under a trust.

A relevant occupier must occupy the land by virtue of a licence both when the enforcement notice is issued and remain as such when the appeal is brought.

In Flynn v Secretary of State for the Communities and Local Government (2014) the claimant had parked her caravan on a private access.

The court held that a licence meant permission to enter and occupy the land. This could be oral or written and it could be express or implied.

An implied one could be implied or inferred from the circumstances.

Clearly the claimant here had neither an interest in the land nor an express licence but the Planning Inspector had failed to consider whether the claimant had an implied licence so the appeal decision against the claimant was quashed,

This blog has been posted out of general interest. It does not remove the need to get bespoke legal advice in individual cases.