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Planning appeal decision

Dismissed30 July 20263375548

The Big Sheep, Abbotsham, BIDEFORD, EX39 5AP

a mixed use as an adventure park, caravan and camping site

Authority
Torridge District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Moss J

Main issues, as the Inspector framed them

  • Whether the material change of use of the appeal site to a mixed use comprising a use as an adventure park and a use as a caravan and camping site has occurred
  • If so, whether or not this use has continued substantially uninterrupted for a period of 10 years or more, beginning with the date of the breach
  • If not, whether the appeal site is used for some other purpose
  • If so, whether that use is lawful by reason of the grant of planning permission, because it has continued substantially uninterrupted for a period of 10 years or more beginning with the date of the breach, or for some other reason
  • The effect on any lawfulness of the use or uses identified on the appeal site of any planning permissions granted for the land

What decided it

The appeal site does not comprise a single planning unit with a single mixed use of adventure park and camping/caravanning as claimed, and the uses identified on the site either lack the benefit of planning permission or have not continued substantially uninterrupted for 10 years or more.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Biss v Smallburgh Rural District Council [1965]; Webber v Minister of Housing and Local Government [1968]; Newbury DC v SSE & Others [1980] 2 WLR 379, [1981] AC 578; Trustees of Castell-y-Mynach Estate v SSW [1985] JPL 40

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.