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Planning appeal decision

Allowed27 August 20213272344

Caravan A4, Fields Farm, Bridge Road, Sutton Bridge, SPALDING, PE12 9SN

Authority
South Holland District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Murray J

Main issues, as the Inspector framed them

  • Whether the Council's refusal of a certificate of lawful use or development is well-founded, turning on whether the appellant has proved on the balance of probability that the caravan has been in permanent residential occupation by a person other than an agricultural worker employed in farming by the owners or occupiers of the land without significant interruption, for a period of 10 years prior to 14 October 2020

What decided it

The appellant's statutory declaration, corroborated by two other sworn statements and supporting documentary evidence, was sufficiently precise and unambiguous to prove on the balance of probability that the caravan had been in permanent residential occupation by a person other than an agricultural worker for more than 10 years prior to the application date, and the Council's concerns did not displace this evidence.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.