Wass Drove Farm, Wass Drove, Westmarsh, CT3 2LT

Planning appeal 3271658 at Wass Drove Farm, Wass Drove, Westmarsh, CT3 2LT (Dover District Council) was dismissed on 16 August 2024 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded.

stationing of up to 5 caravans for all year round residential occupation and up 25 caravans for residential occupation during the period 1st march and 30th November each year

Authority: Dover District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Hearing
Development: caravan-gypsy · Change of use
Inspector: Freer P
Postcode: CT3 2LT

Main issues, as the Inspector framed them

whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded

What decided it

The appellant failed to discharge the burden of proving, on the balance of probability, that the character of the use of the site in March 2020 matched or was close to the use found lawful in the 2018 LDC.

What the Inspector cited

Judgments: Hertfordshire CC v SSCLG & Metal and Waste Recycling Ltd [2012] EWCA Civ 1473; Broxbourne Borough Council v Secretary of State for the Environment and others [1979] 2 All ER 13; Hannan v Newham LBC [2014] EWHC 1424 (Admin); Ramsay & Anor v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWHC Admin 277; Avon Estates Ltd v Welsh Ministers [2011] EWCA Civ 553; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Wall & Ors v Winchester City Council & Anor [2015] EWCA Civ 563

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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More decisions in Dover District Council

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

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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.