Planning appeal decision
Caravan at Upper Orchard Cottage Hollybed Street, Castlemorton, Malvern, WR13 6DB
Planning appeal 3353569 at Caravan at Upper Orchard Cottage Hollybed Street, Castlemorton, Malvern, WR13 6DB (Malvern Hills District Council) was allowed on 10 November 2025 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded, turning on whether the use of the land for the stationing of a caravan and its use for residential purposes independent from the main dwellinghouse was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990.
described as a c hange of use of land for the stationing of a caravan and its use for residential purposes
- Authority
- Malvern Hills District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Hanson S
- Postcode
- WR13 6DB
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded, turning on whether the use of the land for the stationing of a caravan and its use for residential purposes independent from the main dwellinghouse was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990
What decided it
The statutory declarations from family members, carrying substantial legal weight, combined with physical separation, independent facilities, and consistent occupation patterns, established on the balance of probabilities that the caravan constituted an independent residential unit for more than ten years, thereby acquiring lawful status.
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.
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