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Dismissed9 November 20213278549

Land at Spence Farm, Wootton Fitzpaine, Bridport, DT6 6DF

Planning appeal 3278549 at Land at Spence Farm, Wootton Fitzpaine, Bridport, DT6 6DF (Dorset) was dismissed on 9 November 2021 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a lawful development certificate was well founded, turning on whether the existing use was lawful as at the date of the application.

described as ‘Continued use of land for the stationing of mobile residential accommodation including use of land for ancillary residential purposes. – Please see Cover Letter dated 21st September 2020 for further information

Authority
Dorset
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Bond V
Postcode
DT6 6DF

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a lawful development certificate was well founded, turning on whether the existing use was lawful as at the date of the application

What decided it

The three-month gap in occupation between December 2014 and March 2015 broke the continuity of use required for the use to become lawful, as it was a significant and unpredictable period of vacancy during which the Council could not realistically have known whether the use had permanently ceased.

What the Inspector cited

Judgments
Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568

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.

See how each was applied

The decision letter

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1 other decided appeal within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.