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Dismissed20 March 20253298784

Waterside Country Park, Main Road, St Lawrence, CM0 7LY

Planning appeal 3298784 at Waterside Country Park, Main Road, St Lawrence, CM0 7LY (Maldon District Council) was dismissed on 20 March 2025 by Inspector Brownless E, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate (LDC) was well-founded.

use of land for the stationing of static caravans for the purposes of human habitation throughout the year

Authority
Maldon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Brownless E
Postcode
CM0 7LY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate (LDC) was well-founded

What decided it

The appellant failed to prove, on the balance of probabilities, that the proposed year-round stationing of static caravans for human habitation was not materially different from the 'touring caravanning' use certified as immune from enforcement by the 1971 Established Use Certificate.

What the Inspector cited

Judgments
Newbury DC v SSE [1981] AC 578; Breckland District Council v SSHCLG and Plum Tree Country Park Limited [2020] EWHC 292 (Admin); Thrasyvoulou v SSE (No.2) [1990] 2 WLR 1; Watts v SSE & South Oxfordshire District Council [1991] 1 PLR 61; Forrester v Secretary of State for the Environment (1997) 74 P&CR 434; Barnett v Secretary of State for Communities and Local Government [2009] EWCA Civ 476; North Wiltshire District Council v SSE [1993] 65 P&CR 137; Keevil SSCLG & Bath and North East Somerset Council [2012] EWHC 322 Admin; A & T Investments v SSE [1996] JPL B94; Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd)[2014] AC 160; R. (DN(Rwanda))v Secretary if State for the Home Department [2020] AC 698; Wyre Forest District Council for Secretary of State for the Environment [1990] 2 AC 357; Broxbourne BC v SSE [1979] JPL 308

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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The authority’s record since 2016 · every decision in 2025

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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.

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