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Planning appeal decision

Allowed8 July 20223280081

Old Leake Caravan Park, Shaw Lane, Old Leake, Boston, PE22 9LQ

Planning appeal 3280081 at Old Leake Caravan Park, Shaw Lane, Old Leake, Boston, PE22 9LQ (Boston Borough Council) was allowed on 8 July 2022 by Inspector Preston C, following a hearing.

Proposed use of land within the existing caravan site for the siting of static caravans to be occupied as 'worker accommodation' without restriction on the time when such occupation has to cease, up to a maximum of 25 caravan units, within the area defined by the extant permission

Authority
Boston Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Preston C
Postcode
PE22 9LQ

What decided it

The Inspector found the underlying legal question over the meaning and enforceability of condition 7 was genuinely complex and finely balanced, so the Council's defence of its position was not unreasonable.

What the Inspector cited

Judgments
Trump International Golf Club Scotland Limited and another v The Scottish Ministers (Scotland) [2015] UKSC74; Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] UKSC 74; I'm Your Man Limited v Secretary of State for the Environment (1999) 77 P. & C.R. 251; Cotswold Grange Country Park LLP v SSCLG & Tewksbury Borough Council [2014] EWHC 1138 (Admin)

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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More decisions in Boston

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

  1. Allowed25 September 20266010342
    The Firs Country Park, West End Road, Boston, PE21 7LL
  2. Dismissed9 July 20266005139
    Fountain House, 1A Red Lion Street, Boston, PE21 6NY
  3. Notice upheld17 June 20263377880
    2A Red Lion Street, Boston, PE21 6NY
  4. Dismissed18 May 20266003866
    The Firs, West End Road, Wyberton, Boston, Lincolnshire, PE21 7LL
  5. Dismissed14 May 20266006001
    Off Spion Kop Lane, Wigtoft, Boston, Lincs, PE20 2PH

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.