®Planning appeal decision
Spindlewood Country Holiday Park, Rock Lane, HASTINGS, TN35 4JN
for the use of land as a caravan site for the siting of static caravans for use as a main place of residence between 1st March and 30th November in each year
- Authority
- Hastings Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Hearing
- Development
- caravan-gypsy · Other Major Developments
- Inspector
- Satheesan R
Main issues, as the Inspector framed them
- The main issue is whether the Council's refusal to grant the LDC for the use of land as a caravan site for the siting of static caravans for use as a main place of residence between 1st March and 30th November in each year was well founded
- the proper interpretation of the 1985 appeal and the subsequent s73 2002 permission which varied the seasonal occupancy condition from 8 to 9 months
- whether the proposed use would represent a material change of use (MCU) from the present lawful use
What decided it
The Inspector found that the proposed year-round residential occupation of the static caravans would constitute a material change of use from the lawful holiday use authorised by the 1985 appeal and 2002 permission, meaning the certificate of lawful use could not be granted.
Judgments cited: SSTLG&R v Waltham Forest London Borough Council; Trump International Golf Club Scotland Ltd v the Scottish Ministers [2015] UKSC 74; I’m Your Man Ltd. V Secretary of State for the Environment (1999) 77 P. & C.R. 251.; R (Altunkaynak) v Northamptonshire Magistrates’ Court [2012] EWHC174 (Admin).; Cotswold Grange Country Park v Secretary of State for Communities and Local Government [2014] EWHC 1138 (Admin); Winchester City Council v Secretary of State for Communities and Local Government [2015] EWCA Civ 563; Hertfordshire CC v SSCLG & Metal and Waste Recycling Ltd [2012] EWCA Civ 1473; Barton Park Estates Ltd. V Secretary of State [2022] EWCA Civ 833
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.