Jasmine Lodge Sands Road, Reighton Gap, FILEY, YO14 9SR

for the existing use of building named ‘Jasmine Lodge’ as a dwelling house (C3 use)

Authority: Scarborough Borough Council *
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: caravan-gypsy · Minor Dwellings
Inspector: Madge M

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the use of the land for the stationing of a caravan for permanent residential purposes was lawful on the date the application was made

What decided it

The appellant failed to demonstrate on the balance of probabilities that the use of the land for stationing a caravan for permanent residential purposes occurred on or before 16 February 2013 or continued without significant interruption for 10 or more years, as the subdivision of the planning unit occurred on 7 March 2014, after the material date.

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