®Planning appeal decision
Land adj. Newtonside Orchard, Burfield Road, Old Windsor, Windsor, SL4 2RE
‘Use of land as a caravan site for the siting of up to 4 mobile homes for human habitation’
- Authority
- Royal Borough of Windsor and Maidenhead
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Hearing
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- Willows P
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate was well founded, which turns on whether, on the date of the application, the use of the land as a caravan site for the siting of up to 4 mobile homes for human habitation would have amounted to a material change of use
What decided it
The finding that the appeal site and the established caravan site formed a single planning unit already lawfully used as a caravan site, so the additional mobile homes would not amount to a material change of use.
Judgments cited: Palser v Grinling [1948] AC 291; East Barnet UDC v British Transport Commission [1962] 2 QB 484; Hertfordshire CC v The Secretary of State for Communities and Local Government and Metal Waste Recycling Ltd [2012] EWCA Civ 1473; Reed v Secretary of State of State for Communities and Local Government & Anor [2014] EWCA Civ 241; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Hertfordshire CC v SSCLG & Metal and Waste Recycling Ltd [2012] EWHC 277 (Admin)
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.