Quiet Waters, Atherington, EX37 9HZ

for the installation of 6 no. cabins and associated works for holiday accommodation

Authority: North Devon
Appeal type: Planning
Procedure: Written
Development: leisure-sport
Postcode: EX37 9HZ

Main issues, as the Inspector framed them

Whether the proposed cabins should be categorised as dwellings under Class C3 of the Town and Country Planning (Use Classes) Order 1987 as amended, and on this basis whether the correct application fee has been paid

What decided it

The cabins possess all the facilities required for day-to-day private domestic existence and are capable of being occupied as separate dwellinghouses by individual households, bringing them within Use Class C3 regardless of intended holiday use.

Judgments cited: Sheila Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202; Uratemp Ventures Ltd v Collins [2001] UKHL 43; Barnet LBC v Rogers [1983] 1 AC 132; Gravesham Borough Council v Secretary of State for the Environment [1984] 47 P&CR 142

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