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Planning appeal decision

Dismissed10 January 20223272690

Rogarnet, Horton Road, Three Legged Cross, WIMBORNE, BH21 6SD

described as “as a caravan site for seven static caravans for occupation for holiday accommodation

Authority
Dorset
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Harwood A

Main issues, as the Inspector framed them

  • whether the Council's decision to refuse the LDC was well founded, with particular reference to whether the proposed use would involve the making of a material change in the use of the land

What decided it

The Inspector concluded that the change from 5 touring caravans to 7 static caravans would produce definable visual and ecological changes to the character of the use, amounting to a material change of use.

Judgments cited: Breckland District Council v SOS & Plum Tree Country Park Limited High Court of Justice Queen's Bench Division Administrative Court [2020] EWHC 292 (Admin), 2020 WL 0764507; R (oao Childs) v FSS & Test Valley BC [2005] EWHC 2368 (Admin); St Anne's Court Dorset Ltd v SSHCLG & Dorset Council [2021] EWHC 2954 (QB); Winchester CC v SSCLG [2013] EWHC 101 (Admin); Hertfordshire County Council v SOS and Metal and Waste Recycling Ltd [2012] EWHC 277 (Admin); JBS Park Homes (A firm) v Secretary of State for Communities and Local Government, Mendip District Council [2018]

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.