Planning appeal decision
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.
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