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Allowed11 December 20243332574

Pinegroves Caravan Park, High Lane, Tansley, Matlock, DE4 5BG

Planning appeal 3332574 at Pinegroves Caravan Park, High Lane, Tansley, Matlock, DE4 5BG (North East Derbyshire District Council) was allowed on 11 December 2024 by Inspector Preston C, following a hearing. The main issue, as the Inspector framed it: Whether the extant permissions have the effect of controlling the numbers of static and touring caravans that can lawfully be sited on the land.

Use of land for the siting of static and touring caravans, without any control on the number of each

Authority
North East Derbyshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Preston C
Postcode
DE4 5BG

Main issues, as the Inspector framed them

  • Whether the extant permissions have the effect of controlling the numbers of static and touring caravans that can lawfully be sited on the land
  • Whether the Council's decision to refuse the application was well-founded, having regard to relevant facts and caselaw

What decided it

The 1994 and/or 2003 permissions, properly interpreted as variations of condition 6 under s.73 covering the whole site, removed the restriction on static caravans without substituting any numerical or type control, rendering the unrestricted use lawful.

What the Inspector cited

Judgments
Adams v SSHCLG & Huntingdonshire District Council [2020] EWHC 3076 (Admin); London Borough of Lambeth v Secretary of State [2019] 1 W.L.R. 4317; R. (on the application of Wyatt) v Fareham BC, 2021 WL 02192846 (2021); LB of Richmond Upon Thames v R. on the application of Owolabi Ariyo [2024] EWCA Civ 960; Barnett v SSCLG [2009] EWCA Civ 476; Newbury District Council v SSE & Newbury District Council v International Synthetic Rubber Co. Ltd. [1980] 2 W.L.R 379, [1981] AC578; Barton Park Estates Ltd v SSHCLG & anon [2022] EWCA Civ 833

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.

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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.