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Notice varied and upheld27 November 20243344342

Poppy Fields Caravan Park, Fields Farm South, Sutton Bridge, Spalding, PE12 9XT

Planning appeal 3344342 at Poppy Fields Caravan Park, Fields Farm South, Sutton Bridge, Spalding, PE12 9XT (South Holland District Council) was allowed in part (a split decision) on 27 November 2024 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue an LDC was well founded.

Without planning permission, the material change of use of the land to a site for permanent residential use by the year-round occupation of caravans for human habitation, except for the three caravans covered by lawful development certificates granted on appeal with their location being shown hatched on Plan No.2, such occupation being in breach of condition 2 of planning permission H18-0224-18

Authority
South Holland District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Harbottle M
Postcode
PE12 9XT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue an LDC was well founded
  • Whether the year-round occupation of caravans (other than the 3 caravans hatched on Plan No.2), or pitches, for human habitation accords with the development plan's spatial strategy and development management objectives and so constitutes sustainable development
  • The effect of the year-round occupation of those caravans, or pitches, on the landscape character of the area
  • The effect on flood risk
  • The effect on the living conditions of nearby residents in terms of noise, disturbance and general activity

What decided it

The proposal's unacceptable flood risk arising from failure to satisfy the sequential and exception tests in Flood Zone 3 was decisive in the dismissal of the ground (a) deemed application, while for Appeal E the decisive factor was the sufficiency of sworn evidence proving 10 years' continuous unlawful occupation for four specific caravans only.

The significant weight attributed to the clear policy conflict from failing the sequential/exception tests on flood risk outweighed the limited weight given to the benefits of low-cost accommodation and occupier safety, tipping the balance against the year-round residential use.

What the Inspector cited

Development plan policies
Policy 1 of the SELLPPolicy 2 of the SELLPPolicy 3 of the SELLPPolicy 4 of the SELLP
National Planning Policy Framework
Paragraph 56

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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More decisions in South Holland

The authority’s record since 2016 · every decision in 2024

  1. Allowed27 April 20266001659
    Land at Fendyke Farm, Off Old Fendyke, Sutton St James, PE12 0LX
  2. Dismissed12 March 20266001983
    Merkur Slots, 32-33 Hall Place, Spalding, Lincolnshire, PE11 1SG
  3. Dismissed12 March 20263372173
    Little London, Long Sutton, PE12 9LE
  4. Allowed3 February 20263372791
    Caudwell Farm , Holbeach St Matthews, PE12 8EW
  5. Notice varied and upheld11 December 20253329561
    6A North Road, Gedney Hill, Spalding, PE12 0NL

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.