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

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

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.

Judgments cited: 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

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