Hawkwell Park also known as Hunters and Stables Caravan Park , Wareham Road, Hawkchurch, Axminster , EX13 5RX

Main issues, as the Inspector framed them

• Whether, at the date the enforcement notice was issued, no enforcement action could be taken because there had been a continuous breach of the occupancy condition for a period of ten years commencing before 5 February 2010 (ground (d))
• Whether the six-month period for compliance specified by the notice falls short of what should reasonably be allowed and should be extended to twelve months (ground (g))

What decided it

The Appellant failed to prove, on the balance of probabilities, that any occupier who lacked a 'nomadic habit of life' (as opposed to merely not being an ethnic gypsy or traveller) had occupied the site continuously in breach of the condition for the full ten years before 5 February 2010.

The Inspector balanced the fair and reasonable time needed by vulnerable current occupiers to find alternative accommodation against the need to remedy the breach without undue delay, concluding that a twelve-month compliance period struck the right balance and was not a disproportionate interference with occupiers' Article 8 rights.