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Dismissed4 August 20213257350

Land to the Rear of Cemetery , Cemetery Lane, Manton, Rutland, LE15 8SR

Planning appeal 3257350 at Land to the Rear of Cemetery , Cemetery Lane, Manton, Rutland, LE15 8SR (Rutland County Council) was dismissed on 4 August 2021 by Inspector Boffin D, following a hearing. The main issue, as the Inspector framed it: The main issue is whether the Council's decision to refuse to grant an LDC was well-founded.

use of land for the siting of Static Holiday Caravans within the area edged red on the attached plan

Authority
Rutland County Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Boffin D
Postcode
LE15 8SR

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse to grant an LDC was well-founded.

What decided it

The Inspector found that the proposed siting of static caravans would be likely to cause significant differences in hard landscaping and consequent ecological and visual impacts compared with the permitted camping and caravan use, amounting to a material change of use which the appellant had not shown to be lawful.

What the Inspector cited

Judgments
Wyre Forest BC v SSE & Allen's Caravans [1990] 2 WLR 517; [1990] JPL 724; R (oao Shepway DC) v Ashford BC [1998] EWHC Admin 488; JPL 1073; I'm Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; Skerritts of Nottingham Ltd v SSETR (No. 1) [2000] EWCA Civ 60; [2000] JPL 789; Hulme v Secretary of State for Communities and Local Government [2011] EWCA Civ 638; R. (on the application of Midcounties Co-operative Ltd) v Wyre Forest [2010] EWCA Civ 841; [2011] J.P.L. 173; [2010] 7 WLUK 891 (CA (Civ Div)); Telford and Wrekin Council v SSCLG & Growing Enterprises Ltd [2013] EWHC 79 (Admin); Cotswold Grange Country Park LLP v SSCLG & Tewkesbury DC [2014] EWHC 1138 (Admin); [2014] JPL 981; Trump International Golf Club Scotland Ltd & Another v the Scottish Ministers [2015] UKSC 74; Lambeth LBC v SSCLG & Aberdeen Asset Management, Nottinghamshire CC & HHGL Ltd [2019] UKSC 33; DB Symmetry Ltd v Swindon BC & SSHCLG [2020] EWCA Civ 1331; Breckland DC v SSHLG & Plum Tree Country Park [2020] EWHC 292 (Admin); Barton Park Estates Ltd v SSHCLG & Dartmoor NPA [2021] EWHC 1200 (Admin); Barnett v Secretary of State for Communities and Local Government [2009] EWCA Civ 476; R v Ashford DC Exp. Shepway DC [1999] PLCR 12; Carter Commercial Developments Ltd (In Administration) v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1200 (Admin); Northampton BC v Secretary of State for the Home Department [2005] EWHC 168 (Admin); Winchester City Council v Secretary of State for Communities and Local Government [2015] EWCA Civ 563; DB Symmetry Ltd v Swindon BC and SSHCLG [2020] EWCA Civ 1331, [2021] P.T.S.R. 432

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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The authority’s record since 2016 · every decision in 2021

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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.