Planning appeal decision
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.
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