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Planning appeal decision

Allowed19 August 20223252645

Little Eden Country Park, Bridlington Bay Road, Carnaby, East Riding of Yorkshire, YO15 3QG

Authority
East Riding of Yorkshire Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Madge M

Main issues, as the Inspector framed them

  • The main issue is whether the decision of the local planning authority was well-founded.

What decided it

The appellant's sworn evidence for plots 8 and 13 demonstrated, on the balance of probability, continuous breach of conditions 4, 23 and 24 for more than 10 years prior to the material date, establishing immunity from enforcement for those specific lodges only.

Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Gabbitas v SSE & Newham LBC [1985] JPL 630; Lambeth LBC v SSHCLG [2019] 1 WLR 4317; Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] UKSC 74; Royale Parks Limited v SSHCLG and Bournmounth, Christchurch and Poole Council [2021] EWCA Civ 1101; St Anselm

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.