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Planning appeal decision

Allowed5 December 20233323188

Lyncroft Bakers Lane, Tolleshunt Major, Maldon, CM9 8JR

Planning appeal 3323188 at Lyncroft Bakers Lane, Tolleshunt Major, Maldon, CM9 8JR (Maldon District Council) was allowed on 5 December 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the proposal would involve the carrying out of development as defined in section 55(1) of the Town and Country Planning Act 1990.

the siting of a caravan for ancillary use, within a defined planning unit, does not amount to a material change of use of land 55 (1) of the 1990 Act

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Major traveller and caravan pitches
Inspector
Hawkins S
Postcode
CM9 8JR

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the proposal would involve the carrying out of development as defined in section 55(1) of the Town and Country Planning Act 1990

What decided it

The proposed use of the caravan would be integral to and part and parcel of the primary use of the property as a single dwellinghouse, with shared utilities, services, access and postal address, and shared living activities, thereby not constituting a material change of use or development.

The decision letter

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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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