Secretary of State for the Environment, Transport and the Regions & Anor v Thurrock Borough Council [2002] EWCA Civ 226
The point in plain English: A claimed fallback or immunity from enforcement has to be established on the facts. A historic unlawful use cannot simply be treated as if it remained available indefinitely without evidence that the relevant use or breach continued for the required period.
What the Court of Appeal decided
The Court of Appeal considered enforcement appeals concerning an airport-related site and the use of a hangar. The judgment stresses that, where no accrued lawful right has already been established, the person relying on immunity must prove the facts needed to bring the use within the statutory time limit.
The court also addressed a claimed fallback position. The Inspector had to establish whether the suggested alternative use was genuinely lawful and realistic, including whether activities said to be incidental to a dwellinghouse really had that character.
Why Thurrock matters
The case remains useful on evidence, continuity and fallback arguments in enforcement. But the limitation periods discussed were those in force at the time. In England, the enforcement time-limit regime changed on 25th April 2024, subject to transitional protection for certain earlier breaches.
See Planning Geek’s guide to planning enforcement time limits.
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