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Planning appeal decision

Allowed8 November 20233324824

Stour Hill Caravan Park, West Stour, SP8 5SE

Planning appeal 3324824 at Stour Hill Caravan Park, West Stour, SP8 5SE (Dorset) was allowed on 8 November 2023 by Inspector Moore D, following a hearing. The main issue, as the Inspector framed it: I must decide whether the use of the land for the siting of caravans for human habitation would be lawful if it were instituted on the date of the application.

the proposed use of land for the siting of caravans for the purposes of human habitation

Authority
Dorset
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Moore D
Postcode
SP8 5SE

Main issues, as the Inspector framed them

  • I must decide whether the use of the land for the siting of caravans for human habitation would be lawful if it were instituted on the date of the application.
  • The main issue is whether the Council's refusal to grant an LDC was well-founded.

What decided it

The finding that the 1988 permission did not incorporate the lapsed 1982 permission's plan (ref 3/G237), so the proposed caravan use fell within the lawful scope of the implemented 1988 permission.

What the Inspector cited

Judgments
Trump International Golf Club Scotland Ltd v the Scottish Ministers [2015] UKSC 74; Lambeth LBC v SSCLG [2019] UKSC 33; R v Ashford Borough Council ex parte Shepway DC [1998] EWHC Admin 488; Slough Borough Council v SSE (1995) JPL 1128; Wilson v West Sussex County Council [1963] 2 QB 764; Miller-Mead v MHLG [1963] 2 QB 196; Slough Estates v Slough BC [1969] 21 P and CR 573; Staffordshire Moorlands District Council v Cartwright (1992) JPL 138 at 139; Barnett v SSCLG [2009] EWCA Civ 476; Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30

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.

See how each was applied

The decision letter

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More decisions in Dorset

The authority’s record since 2016 · every decision in 2023

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  4. Allowed6 October 20253369125
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  5. Allowed6 March 20253344296
    Higher Manor Farm, Littlemead, Weymouth, Dorset, DT3 5DL

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.