®Planning appeal decision
The Laurels, Fen Road, Cambridgeshire, CB4 1TU
Without planning permission, the change of use of the land to a residential caravan site and the laying of hardstanding
- Authority
- South Cambridgeshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Whether the appellants have demonstrated, on the balance of probabilities, that the material change of use of the land to a residential caravan site occurred before the material date of 8 July 2015 and has continued without significant interruption for 10 years or more (ground (d))
- Whether the period for compliance specified in the notice falls short of what should reasonably be allowed (ground (g))
What decided it
The appellants failed to provide sufficiently precise and unambiguous evidence that the specific residential caravan site use had commenced and been retained before the material date of 8 July 2015.
The Inspector weighed the personal needs of residents to find alternative homes against the wider public harm caused by the unauthorised use, concluding that a nine-month compliance period struck a reasonable balance.
Judgments cited: Reed v Bracknell Forest [2014] EWCA Civ 241; Hertfordshire County Council v SSCLG and Metal and Waste Recycling Limited [2012] EWCA Civ 1473; R v Thanet District Council v Kent International Airport Plc [2001] P&CR 2; I'm Your Man Limited v SSE [1999] PLCR 109; Gravesham Borough Council v SSE (1984) 47 P&CR 142; Brooks and Burton Ltd v SSE & Dorset (1978) 35 P&CR 27; R (oao Childs) v FSS & Test Valley BC [2005] EWHC 2368 (Admin); Hertfordshire County Council v SSCLG & Metal and Waste Recycling Limited [2012] EWHC 277 (Admin); Broxbourne Borough Council v SSE and others [1978]
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.