®Planning appeal decision
Ringdoves , Goldsands Road, SOUTHMINSTER, Essex, CM0 7JR
use of the land for the stationing of a mobile home for use ancillary to the residential dwelling known as Ringdoves, Goldsands Road, Southminster CM0 7JR
- Authority
- Maldon District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Savage M
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the mobile home comprises development for the purposes of Section 55 of the Town and Country Planning Act 1990 (as amended) and if so, whether at the date of the application the Council was too late to take enforcement action
What decided it
The mobile home was a caravan capable of being moved and its use was ancillary to and functionally linked with the main dwelling, forming part of the same planning unit, such that no material change of use occurred and no planning permission was required.
Judgments cited: Cardiff Rating Authority v Guest Keen Baldwin's Iron & Steel Co Ltd [1949] 1 KB 385; Skerritts of Nottingham Ltd v SSETR (No 2) [2000] JPL 1025; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Gravesham BC v SSE [1982] 47&CR 142; Skerritts of Nottingham Ltd v SSETR & Harrow LBC [2000] EWCA Civ 5569; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Challenge Fencing Ltd v SSHCLG & Elmbridge BC [2019] EWHC 553 (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.