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Planning appeal decision

Dismissed9 November 20213278549

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

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

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.

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

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.