Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed8 November 20233324824

Stour Hill Caravan Park, West Stour, SP8 5SE

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

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.

Judgments cited: 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

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.