Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed6 November 20233321953

Devon Oaks Holiday Park, Devon Oaks , Bedford Bridge, Devon, PL20 7RY

Authority
Dartmoor
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Harbottle M

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue an LDC was well-founded, which turns on whether the use of the appeal site by alteration of the number of caravans from 9 residential, 18 holiday, 30 touring caravans and 16 chalets, to 18 residential, 36 holiday, 30 touring and up to 16 chalets would have been lawful if instituted on the date of the application

What decided it

The proposed increase and remix of static caravans would bring about a substantial and fundamental change in the definable character of the use of the holiday park, amounting to a material change of use beyond the scope of the 1987 permission.

Judgments cited: Barton Park Estates Ltd v SSHCLG & Dartmoor NPA [2022] EWCA Civ 833; I'm Your Man Ltd v SSE (1999) 77 P&CR 251; Cotswold Grange Country Park LLP v SSCLG & Tewkesbury DC [2014] EWHC 1138 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.