Flynn and Another v Secretary of State for Communities and Local Government and Another: Admn 20 Feb 2014

The claimant travellers had been moved from one site, and retationed their caravans on a nearby track. The Council served an enforcement notice alleging unlawful change of use to residential purposes. The Claimants contended that the decision was unlawful in that the Defendant failed to consider whether Mrs Flynn was a relevant occupier as she had an implied licence to occupy the land. Further the Claimants contended that the provisions of section 174 of the 1990 Act must be interpreted so as to enable Mrs Flynn to appeal in order to avoid a breach of her right to respect for her home and private life under Article 8.
Held: The defendant had erred in failing first to establish whether the claimant had an implied licence to occupy the land. Given the limited investigation undertaken by the court the correct thing to do was to quash the decision and remit it to the Defendant.

Lewis J
[2014] EWHC 390 (Admin), [2014] 1 WLR 3270
Town and Country Planning Act 1990 174, European Convention on Human Rights 8
England and Wales

Planning, Human Rights

Updated: 30 November 2021; Ref: scu.521576