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Planning appeal decision

Allowed30 August 20243258200

Downland Park , Court Farm Road, Newhaven , East Sussex, BN9 9DJ

Authority
Lewes District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Hocking P

Main issues, as the Inspector framed them

  • whether the Council's refusal to grant a certificate of lawfulness for use of land as a caravan site without restrictions or conditions was well founded

What decided it

The Inspector found it more likely than not, based on statutory documentation confirming the 6.55ha site area, that the 1989 permission (containing no restrictions) applied to the appeal site rather than the more restrictive 1986 permission.

Judgments cited: Newbury v SSE [1981] AC 578; Trump International Golf Club v The Scottish Ministers [2015] UKSC; Lambeth LBC v SSCLG [2019] UKSC 33; Hillside Parks Ltd v SNPA [2022] UKSC 30; Telford & Wrekin Council v SSCLG [2013] EWHC 79 (Admin); R v Ashford Borough Council ex p Shepway District Council [1999] PLCR; UBB Waste Essex Ltd v Essex County Council [2019] EWHC 1294 (Admin)

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.