Jurisdiction(s):
United Kingdom

Certificate of lawful use supersedes holiday-only permission: floating caravan deemed mobile home on protected site with MHA 1983 security (Jaffe v Tingdene, England and Wales)

Published on: 16 August 2024

Published by a LexisNexis Planning expert

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Article summary

Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751

What are the practical implications of this case?

This decision underlines that, when defining the reach and limits of a planning permission, the language employed must be given its natural and ordinary meaning, read in its precise legal and factual setting and tempered by common sense and context. Thus, although the everyday sense of ‘houseboat’ points to craft moored on a river or canal, the Court of Appeal concluded that a reasonable person visiting the location on the ground would regard the permission as allowing floating caravans to be stationed on the land for the purposes of human habitation. In addition, the ruling confirms that a certificate of lawful use takes effect as though it were a grant of planning permission and will displace the terms of any earlier, inconsistent permission, thereby amounting here to a lawful change of use. The outcome therefore underlines the need to review the planning history carefully wherever a certificate of lawful use may sit uneasily with an earlier planning permission, so that the present, lawful use can be accurately ascertained and any inconsistency resolved before action is taken and the current, lawful use confirmed...

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