Tim Jones has obtained a certificate of lawful use or development under the Town and Country Planning Act 1990 s191 for permanent residential occupation of 36 caravans on a Green Belt site that had originally been for holiday use only. There was no dispute that, in the recent past, the appeal site and the static caravans were used for holiday accommodation. Since there was no condition in the latest planning permission restricting the caravans to such a use, the main issue was would a change to permanent occupation be a material change of use. The inspector concluded “that the change of the use of the static caravans from holiday use to permanent residential use does not, on the evidence before me, amount to the making of a material change of use that requires planning permission.” She granted a s191 certificate in the following terms:
“The existing use of 36 static caravans within the land edged red on the attached plan for permanent residential occupation does not amount to the making of a material change in the use of the land that would require planning permission.”
A copy of the appeal decision, Simmonds v Purbeck BC, APP/B1225/X/15/3002181, can be reached through this link.
To view Tim Jone’s Planning and Environment profile please click here.
