Cotswold Grange Country Park LLP V The Secretary Of State For Communities and Local Government and Tewkesbury Borough Council

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. 

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