A Lincolnshire landowner has emerged both winner and loser in a court action that Ward LJ said had an “Alice In Wonderland quality” to it.
The Court of Appeal has dismissed an appeal by Ronald Duguid, who owns part of the old RAF airfield at Hemswell, Lincolnshire, against an enforcement notice issued by West Lindsey District Council, in December 1997, prohibiting him from using the land at Hemswell Cliff for markets or car boot sales.
Counsel for Duguid, Timothy Comyn, argued that, at the time the enforcement notice was issued, the land in question had the benefit of blanket planning permission allowing the holding of a market for 14 days each year under Article 3 and Schedule 2, Part 4, Class B of the Town & Country Planning (General Permitted Development) Order 1995 (GDPO).
He said that the use of the land in that way could not be made the subject of enforcement proceedings, as it did not amount to a breach of planning control.
Dismissing the appeal, Ward LJ said Duguid was required to discontinue using the land for the permanent purposes prohibited by the enforcement notice. However, once he indicated that he had ceased to use it for those purposes, he was entitled to use it for GDPO purposes.
He said the appeal had an “Alice In Wonderland quality” to it, as it did, in fact, leave the way open for Duguid to run at least 14 markets or boot sales a year.
He added: “If the appellant has gained anything by delaying the inevitable curtailment of his business, and by such consolations as he can derive from this judgment, then he will be a happy man, even though his appeal has to be dismissed. It must be rare that one wins though one loses”.
Duguid v Secretary of State for the Environment, Transport and the Regions and another Court of Appeal (Ward and Judge LJJ and Bell J) 28 July 2000.
Timothy Comyn (instructed by Chattertons, of Horncastle) appeared for the appellant; Alice Robinson (instructed by the Treasury Solicitor) appeared for the respondent.
PLS News 31/7/00
