Land Adjaccent to Holy Brook, Buckfast, TQ13 7RY

Planning appeal 3270206 at Land Adjaccent to Holy Brook, Buckfast, TQ13 7RY (Dartmoor) was dismissed on 6 September 2023 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: Whether the NPA's decision to refuse to issue a certificate of lawfulness was well-founded, turning on whether, on the balance of probability, the Appellant is able to show that the use of the land described in the application has been undertaken continuously for 10 years and, if so, that this had not thereafter been lost.

Use of site for seasonal camp events for up to 50 days per annum during July, August and September and for agriculture for the remaining time

Authority: Dartmoor
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: leisure-sport · Change of use
Inspector: Curnow R

Main issues, as the Inspector framed them

Whether the NPA's decision to refuse to issue a certificate of lawfulness was well-founded, turning on whether, on the balance of probability, the Appellant is able to show that the use of the land described in the application has been undertaken continuously for 10 years and, if so, that this had not thereafter been lost.

What decided it

The Appellant failed to provide precise and unambiguous evidence proving that the camping use had occurred for the claimed 50 days per annum continuously for the required 10-year period.

What the Inspector cited

Judgments: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; R (Flint and Another) v South Gloucestershire Council [2016] EWHC 2180; Webber v Minister of Housing and Local Government [1968] 1 WLR29

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.