Caravan at Upper Orchard Cottage Hollybed Street, Castlemorton, MALVERN, WR13 6DB

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

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.

Read the decision letter on the Inspectorate’s site

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