®Planning appeal decision
Waterside Country Park, Main Road, St Lawrence, CM0 7LY
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
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.
Judgments cited: 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
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.