Issue - meetings

Lawful Development Certificate Existing: Section 191, Town and Country Planning Act 1991, for the change of use of land from Agricultural Land to use as a Caravan site for the siting of a static caravan for human habitation and land used in conjunction with that human habitation, as defined in Section 1(4) of the Caravan Sites and Control of Development Act 1960.

Lawful Development Certificate Existing: Section 191, Town and Country Planning Act 1991, for the change of use of land from Agricultural Land to use as a Caravan site for the siting of a static caravan for human habitation and land used in conjunction with that human habitation, as defined in Section 1(4) of the Caravan Sites and Control of Development Act 1960.

The application sought to establish the lawful stationing and occupation of a mobile home for human habitation.  The applicant asserted that the above had been in place in excess of 10 years and therefore would now be lawful.  Due regard was given to the determining issues as detailed in the report of the Director of Planning, Housing and Environmental Health and the views of the public speakers.  Although concern was expressed that the proposal would have a detrimental impact upon the Green Belt it was accepted that whether the application would be inappropriate development was not for consideration in this case and evidence of continuous use needed to be determined.  However, concern was also expressed that there was insufficient evidence of habitation as there were no Council Tax or Business Rate records for the site.

After careful deliberation it was accepted that the caravan had been used for residential purposes from December 2013 to date as the Local Planning Authority had no evidence to contradict the applicant’s version of events and Statutory Declarations supporting this position had been received.    Whilst it was acknowledged that the current owner had not registered for Council Tax, this was a separate function outside of planning matters and would be referred to the appropriate team within the Borough Council to consider further.  Members were reassured that the certificate would only apply to a single static caravan.

In these circumstances, there was no good reason to refuse to grant a certificate and Cllr Palmer proposed, Cllr Boughton seconded and following a formal vote the Committee

RESOLVED: That

(1)            the certificate of lawfulness be APPROVED in accordance with the submitted details set out in the report of the Director of Planning, Housing and Environment Health; and

(2)            the submitted evidence was sufficiently clear and unambiguous to support, on a balance of probabilities, the conclusion that the mobile home at land east of land known as Mumbles Farm had been occupied  for residential purposes for a period in excess of 10 years prior to the submission of the application.

(Speakers: Mr C Baseley, Platt Parish Council; Mr T White, agent)