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United Kingdom

England: Caravan site licences constrained by planning permissions and enforcement; GPDO Class B cannot authorise reinstatement (Haytop Country Park Ltd v Amber Valley Borough Council, Court of Appeal)

Published on: 13 November 2025

Published by a LexisNexis Planning expert
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Haytop Country Park Ltd v Amber Valley Borough Council [2025] EWCA Civ 1442

What are the practical implications of this case?

The ruling underlines that site licensing is to be undertaken on the basis that it dovetails with the planning system. Licence conditions cannot expand, override, or undermine the limits of extant planning permissions, nor the results of planning enforcement; together, these create the ‘planning baseline’ which the licensing authority is both entitled and obliged to factor in. Where an enforcement notice has conclusively found that operational works (for example, hardstandings or terraces) are unlawful and must be taken up, a site licence ought not to sanction plots reliant upon, or effectively reinstating, those works. An operator wishing to move away from the planning baseline must pursue a new application under the Town and Country Planning Act 1990 (TCPA 1990), rather than seeking to rely on licence conditions. Class B rights under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 only arise where licence conditions require development that aligns with the underlying permission; they cannot be invoked to ‘re-permit’ works removed through enforcement, and Article 3(4) bars permitted development that is inconsistent with planning conditions...

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