Rushmere Farm Stables Crossways, COLEFORD, GL16 8QP

the use of land for the siting of an unrestricted number of static caravans (within the legal definition of a caravan) for an unrestricted residential purpose all year round and the siting of an unrestricted number of tents for an unrestricted residential purpose all year round together with the siting of an unrestricted number of touring caravans with no individual touring caravan being sited on the site for longer than 4 weeks (as required by condition 03 of planning permission P1042/12/FUL)

Authority: Forest of Dean District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: caravan-gypsy · Change of use
Inspector: Moss J

Main issues, as the Inspector framed them

The main issue is whether the Council's decision to refuse to grant a LDC is well founded.

What decided it

The Inspector concluded that the permanent residential element of the proposed use would, as a matter of fact and degree, constitute a material change of use from the existing lawful temporary holiday/tourism use, and so was not permitted.

Judgments cited: Trump International Golf Club Scotland Ltd v the Scottish Ministers [2015] UKSC 74; Lambeth LBC v SSCLG & Others [2019] UKSC 33; Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30; Breckland DC v SSHCLG & Plumtree Country Park Limited (CO/1919/2019); Pioneer Aggregates (UK) Ltd v SSE [1984] JPL 651; Slough Estates v Slough BC [1969] 21 P&CR 573; R (oao Shepway DC) v Ashford BC [1998] EWHC Admin 488; I'm Your Man Ltd v Secretary of State for the Environment [1999] 77 P&CR 251; R (oao) Altunkaynak v Northamptonshire Magistrates Court & Kettering Borough Council [2012] EWHC 174 (Admin); Lambeth London Borough Council v Secretary of State for Housing, Communities and Local Government [2019] UKSC 33; [2019] 1 W.L.R. 4317; Winchester CC v SSCLG [2013] EWHC 101 (Admin); Cotswold Grange Country Park v Secretary of State for Communities and Local Government [2014] EWHC 1138 (Admin)

Read the decision letter on the Inspectorate’s site

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.