Mon, 14 Apr 2014
COTSWOLD GRANGE COUNTRY PARK LLP v THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT and TEWKESBURY BOROUGH COUNCIL (Administrative Court, Birmingham, 9/4/14)
Hickenbottom J has quashed a planning inspector’s decision that a planning permission “To erect static caravan for site and office and wardens, replace and re-site 40 static caravans and provide 14 additional static caravans (within original area) and ancillary works (partially retrospective) all for year round holiday use” and a condition that “The re-sited 40 static caravans and additional 14 static caravans shall be occupied for holiday purposes only and shall not be occupied as a person’s sole, or main place of residence” limited the number of caravans to 54 and prevented any additional caravans, not limited to holiday use.
If a local planning authority wishes to limit the number of caravans or the nature of their use it must do so by a condition that expressly says this. Otherwise, the landowner may exceed the grant provided this does not constitute a material change of use. (I’m Your Man v Secretary of State for the Environment, followed.)
Timothy Jones appeared for the successful Claimant Mobile-Home Park owner.
Please click here to view Timothy Jones' Profile.
Please click here to download the judgment.