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

Planning appeal 3272690 at Rogarnet, Horton Road, Three Legged Cross, Wimborne, BH21 6SD (Dorset) was dismissed on 10 January 2022 by Inspector Harwood A, following a hearing. The main issue, as the Inspector framed it: 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.

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
Postcode: BH21 6SD

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.

What the Inspector cited

Judgments: 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]

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.