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Planning appeal decision

Allowed30 August 20243258200

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

Planning appeal 3258200 at Downland Park , Court Farm Road, Newhaven , East Sussex, BN9 9DJ (Lewes District Council) was allowed on 30 August 2024 by Inspector Hocking P, following an inquiry. The main issue, as the Inspector framed it: 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.

Use of land as a caravan site without restrictions or conditions

Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Hocking P
Postcode
BN9 9DJ

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.

What the Inspector cited

Judgments
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)

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 Lewes District Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed2 September 20263355814
    Land South West of Hazel Wood, Jackies Lane, Newick, East Sussex, BN8 4FB
  2. Quashed On Legal Grounds10 August 20263344415
    Flats 1-16, Seaview Court, Pelham Road, Seaford, East Sussex, BN25 1ER
  3. Notice upheld14 November 20253348945
    13 Tor Road, Peacehaven, BN10 7SX
  4. Notice upheld4 August 20253315715
    Land to North West Side of Ringmer Road, Newhaven, BN9 9TN
  5. Notice upheld14 July 20233300253
    65 The Promenade, Peacehaven, BN10 8NH

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.