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Planning appeal decision

Dismissed18 April 20243325471

Beggars Roost, Woolage Green Road, Woolage Green, Canterbury, Kent, CT4 6SF

Planning appeal 3325471 at Beggars Roost, Woolage Green Road, Woolage Green, Canterbury, Kent, CT4 6SF (Canterbury City Council) was dismissed on 18 April 2024 by Inspector Dignan P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the LDC was well-founded, turning on whether the appeal site could, on the date of the application, be lawfully used as a caravan site, and if so, whether there are any restrictions on that use.

Certificate of lawful use or development for use of land as a caravan site

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Dignan P
Postcode
CT4 6SF

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the LDC was well-founded, turning on whether the appeal site could, on the date of the application, be lawfully used as a caravan site, and if so, whether there are any restrictions on that use

What decided it

The incorporation of a substantial part of the Wishing Well caravan site into Beggars Roost and replacement of caravan site infrastructure by residential building and associated development rendered the 1974 planning permission incapable of implementation in accordance with its terms.

What the Inspector cited

Judgments
Pioneer Aggregates (UK) Ltd v SSE [1984] 2 All ER 358; [1984] JPL 651; Panton & Farmer v SSETR & Vale Horse DC [1999] JPL 461; Stone v Secretary of State for Communities and Local Government [2014] EWHC 1456 (Admin)

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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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.