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Dismissed25 August 20213271906

Main Street, Mursley, Aylesbury, MK17 0RT

Planning appeal 3271906 at Main Street, Mursley, Aylesbury, MK17 0RT (Buckinghamshire Council - Aylesbury Area *) was dismissed on 25 August 2021 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the Council's deemed refusal to grant a Certificate of lawfulness of existing use or development would have been well founded, turning on whether the appellant can demonstrate on the balance of probability that the use as a touring caravan site took place on or before 14 August 2010 and continued without significant interruption for at least ten years thereafter, so as to be immune from enforcement action.

touring caravan site

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Pleasant L
Postcode
MK17 0RT

Main issues, as the Inspector framed them

  • Whether the Council's deemed refusal to grant a Certificate of lawfulness of existing use or development would have been well founded, turning on whether the appellant can demonstrate on the balance of probability that the use as a touring caravan site took place on or before 14 August 2010 and continued without significant interruption for at least ten years thereafter, so as to be immune from enforcement action

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probability that the touring caravan site use commenced on or before 14 August 2010 and continued without significant interruption for the required ten-year period.

The decision letter

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The authority’s record since 2016 · every decision in 2021

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