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Dismissed11 March 20243321473

Lea Homes Residential Caravan Park, Nantwich Road, Nantwich, CW5 8ED

Planning appeal 3321473 at Lea Homes Residential Caravan Park, Nantwich Road, Nantwich, CW5 8ED (Cheshire East) was dismissed on 11 March 2024 by Inspector Merrett R, following a hearing.

The stationing of residential caravans for non-gypsy persons in excess of 10 years in breach of Condition 2 of planning permission 4/5/8521

Authority
Cheshire East
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Merrett R
Postcode
CW5 8ED

What decided it

The appellant failed to provide sufficiently precise, unambiguous evidence to demonstrate, on the balance of probability, a continuous 10-year breach of the condition by non-Gypsy occupiers on any identifiable plot or the site as a whole.

What the Inspector cited

Judgments
R (oao St Anselm Development Co Ltd) v FSS & Westminster CC [2003] EWHC 1592 (Admin); Royale Parks Ltd v SSHCLG [2021] EWCA Civ 1101; I'm Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; Cotswold Grange Country Park LLP v SSCLG & Tewkesbury BC [2014] JPL 981

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2024

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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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