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Planning appeal decision

Dismissed28 March 20223265699

Waterways Caravan Park, Reculver Lane, Herne Bay, CT6 6ST

Planning appeal 3265699 at Waterways Caravan Park, Reculver Lane, Herne Bay, CT6 6ST (Canterbury City Council) was dismissed on 28 March 2022 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether the proposed use of land for the siting of caravans for occupation throughout the calendar year is lawful development under section 192(1)(a) of the Town and Country Planning Act 1990, having regard to the conditions attached to the 1994 planning permission.

the proposed use of land for the siting of caravans for occupation throughout the year

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
King T
Postcode
CT6 6ST

Main issues, as the Inspector framed them

  • Whether the proposed use of land for the siting of caravans for occupation throughout the calendar year is lawful development under section 192(1)(a) of the Town and Country Planning Act 1990, having regard to the conditions attached to the 1994 planning permission

What decided it

The restrictive condition from the 1994 planning permission remains applicable and enforceable, and a certificate of lawful use cannot be issued for a use that would breach that condition unless immunity from enforcement can be demonstrated.

The decision letter

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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.

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