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Planning appeal decision

Allowed15 October 20243326971

Spill Land Farm Caravan Park, Biddenden, ASHFORD, TN27 8BX

the siting of up to 130 static caravans in accordance with planning permission reference 18/00945/AS

Authority
Ashford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Douglas L

Main issues, as the Inspector framed them

  • Whether the Council's deemed refusal to grant an LDC was well-founded, with particular regard to whether the proposal would constitute a breach of condition or a material change of use.

What decided it

The 2018 planning permission contained no condition restricting the number or type of caravans, so siting up to 130 static caravans would not constitute a material change of use.

Judgments cited: I’m Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; R (Altunkaynak) v Northamptonshire Magistrates’ Court [2012] EWHC 174 (Admin); Cotswold Grange Country Park LLP v SSCLG & Tewkesbury BC [2014] EWHC 1138 (Admin)

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.