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Allowed19 August 20223252645

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

Planning appeal 3252645 at Little Eden Country Park, Bridlington Bay Road, Carnaby, East Riding of Yorkshire, YO15 3QG (East Riding of Yorkshire Council) was allowed on 19 August 2022 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether the decision of the local planning authority was well-founded.

Non-compliance with conditions 4, 23 and 24 of planning permission 05/01682/STPLF

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
Postcode
YO15 3QG

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.

What the Inspector cited

Judgments
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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in East Riding of Yorkshire Council

The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.