®Planning appeal decision
Caravan B2, Fields Farm, Bridge Road, Sutton Bridge, Spalding, PE12 9SN
Planning appeal 3272345 at Caravan B2, Fields Farm, Bridge Road, Sutton Bridge, Spalding, PE12 9SN (South Holland District Council) was allowed on 27 August 2021 by Inspector Murray J, by written representations. The main issue, as the Inspector framed it: 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.
Permanent residential occupation of caravan B2 by a person other than an agricultural worker employed in farming by the owners or occupiers of the land in breach of conditions 1 and 2 of planning permission Ref H18-0691-03 and condition 2 of planning permission Ref H18-0224-18
- Authority
- South Holland District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Murray J
- Postcode
- PE12 9SN
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 sworn evidence, corroborated by two other sworn statements and limited 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 non-agricultural worker for more than 10 years prior to the application date, and the Council's concerns did not displace this evidence.
The decision letter
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With an account
What an account adds to this decision
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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.