Planning appeal decision
Caravan C1, Fields Farm, Bridge Road, Sutton Bridge, Spalding, PE12 9SN
Planning appeal 3272346 at Caravan C1, 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 C1 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 H18-0691-03 and condition 2 of planning permission 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 proved on the balance of probability through statutory declarations from Mr Giles and two corroborating witnesses, supported by a rental agreement, that the caravan had been in permanent residential occupation by a non-agricultural worker without significant interruption for more than 10 years prior to the application date.
The decision letter
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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.
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