Phillip Robling & Anor v Maurice Fred Doe
[2024] UKUT 11 (LC)
Wyldecrest Parks Management Ltd v North Northamptonshire Council
15 November 2024
[2024] UKUT 360 (LC)
Upper Tribunal
A park owner appealed licence conditions. The lower court threw out the appeal, saying the wrong procedure was used because the licence was transferred, not new. A higher court reversed this, stating the licence was in fact a new one, and reinstated the appeal.
Key Facts
- •Wyldecrest Parks Management Ltd appealed against the First-tier Tribunal's (FTT) decision to strike out its appeal under section 7 of the Caravan Sites and Control of Development Act 1960.
- •The FTT found that the appellant had not been granted a new licence, but that an existing licence had been transferred, requiring an appeal under section 8.
- •The disputed document was issued on 20 April 2023 and was a subject of contention whether it was a new licence or a transferred licence.
- •The appellant argued that the transfer application had been rejected and the 20 April document was a new licence.
- •The respondent maintained the document was a transferred licence and that the FTT correctly struck out the appeal.
Legal Principles
Section 7 of the Caravan Sites and Control of Development Act 1960 governs appeals against conditions attached to a new licence.
Caravan Sites and Control of Development Act 1960, section 7
Section 8 of the Caravan Sites and Control of Development Act 1960 governs appeals against alterations of conditions on an existing licence.
Caravan Sites and Control of Development Act 1960, section 8
Section 10 of the Caravan Sites and Control of Development Act 1960 outlines the procedure for transferring a site licence.
Caravan Sites and Control of Development Act 1960, section 10
The FTT's overriding objective is to deal with cases fairly and justly, avoiding unnecessary formality and seeking flexibility.
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 3(2)(b)
An FTT's finding of fact should generally not be interfered with on appeal.
Case law principles regarding appellate review of factual findings
A1 Properties (Sunderland) Limited v Tudor Studios RTM Co Ltd [2024] UKSC 27; White v South Derbyshire DC [2012] EWHC 3495 (Admin)
Referenced Cases
Outcomes
The Upper Tribunal (UT) set aside the FTT's decision to strike out the appeal.
The UT found the FTT erred in its interpretation of the 20 April 2023 document as a transferred licence rather than a new licence. The UT held the FTT should have considered the appeal under Section 8, not struck it out.
The appellant's application to appeal the conditions attached to the licence issued on 20 April 2023 was reinstated.
The UT determined the document in question was a new licence due to its distinct characteristics and non-compliance with the transfer procedures outlined in Section 10 of the 1960 Act.