®Planning appeal decision
Land Adjaccent to Holy Brook, Buckfast, TQ13 7RY
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.
Judgments cited: 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
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.