Appleacre Park, London Road, FOWLMERE, SG8 7RU

15 touring caravans without complying with a condition attached to planning permission Ref S/1155/92/F, dated 17 August 1993 and for 5 touring caravans or tents without complying with a condition attached to planning permission Ref S/1156/92/F, dated 17 August 1993

Authority: South Cambridgeshire District Council
Appeal type: major · Planning Appeal
Procedure: Hearing
Development: caravan-gypsy · Other Major Developments
Inspector: Spencer D

Main issues, as the Inspector framed them

The main issue in this appeal is the effect of the removal of the disputed condition for Area A on the character and appearance of the surrounding area.

What decided it

The Certificate of Lawful Use establishing that Areas A and D could be permanently occupied, combined with the already transitional/enclosed character of Appleacre Park, meant the disputed conditions no longer served a justified planning purpose in protecting the character and appearance of the area.

The significant material considerations of lawful permanent occupation and the transitional character of Appleacre Park outweighed the conflict with Policy S/7, tipping the balance in favour of removing the disputed condition on Area A.

Framework references: 57, 56

Plan policies cited: Policy S/7, Policy HQ/1

Judgments cited: [2019] EWCA Civ 1868

Read the decision letter on the Inspectorate’s site

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