Planning appeal decision
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.
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