®Planning appeal decision
Hawkwell Park Also Known As Hunters and Stables Caravan Park , Wareham Road, Hawkchurch, Axminster , EX13 5RX
Planning appeal 3248557 at Hawkwell Park Also Known As Hunters and Stables Caravan Park , Wareham Road, Hawkchurch, Axminster , EX13 5RX (East Devon District Council) was allowed in part (a split decision) on 17 November 2021 by Inspector Graham J, following an inquiry. The main issue, as the Inspector framed it: 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)).
Enforcement notice alleging breach of condition restricting occupation of a residential gypsy caravan site (2 pitches plus seasonal transit pitches and converted stable amenity unit) to gypsies or travellers as defined in ODPM Circular 01/2006
- Authority
- East Devon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Graham J
- Postcode
- 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.
The decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.