®Planning appeal decision
Poppy Fields Caravan Park, Fields Farm South, Sutton Bridge, SPALDING, PE12 9XT
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
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.
Framework references: 56
Plan policies cited: Policy 1 of the SELLP, Policy 2 of the SELLP, Policy 3 of the SELLP, Policy 4 of the SELLP
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.