Lookout Holiday Parks Ltd., Corfe Road, Stoborough, BH20 5AZ

the variation of condition 6 of 6/2001/0929 to remove the restriction limiting the occupation of touring caravans and tents

Authority: Dorset
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: caravan-gypsy · Change of use
Inspector: Jarratt P

Main issues, as the Inspector framed them

Appeal A: whether the Council were correct in their assessment that the s73 application was invalid
Appeal B: whether the Council's decision to refuse to grant an LDC was well-founded

What decided it

The description of development in the original planning permission explicitly refers to touring caravans, and varying the condition to permit other caravan types would contradict this operative part of the permission, which is beyond the powers of s73.

Judgments cited: Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

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