Wednesday 13 April 2022
The Claimant appeals against the decision of HHJ Jarman QC sitting as a High Court Judge, dated 27 May 2021 dismissing the Claimant’s claim under s. 288 of the Town and Country Planning Act 1990.
There has been a caravan park at Bedford Bridge, in the Dartmoor National Park, for over 40 years. It is currently known as the Magpie Leisure Park (the site). In 1987, the second defendant’s predecessor as the local planning authority (the authority), granted conditional planning permission for development of the site, the brief
particulars of which on the grant of permission were stated to be “Proposed site enhancement scheme involving an amendment of existing provision at site to allow for 9 residential vans, 16 holiday chalets, 18 static vans & 30 touring units at Magpie Caravan Park, Bedford Bridge, Horrabridge.” The conditions did not limit the number of units to those set out in the particulars, as they could have done. Accordingly the claimant as owner applied to the authority in 2018 for a certificate of lawful use or development for the stationing of up to 80 caravans on the site “for the purpose of human habitation” (the proposed use). The application was refused and the claimant appealed under section 195 of the Town and Country Planning Act 1990 (the 1990 Act). The appeal was determined after an inquiry by an inspector appointed by the first defendant (SofS) by dismissing the appeal.
The essential reasoning set out in the inspector’s decision letter dated 29 June 2020 (the decision letter) was that the proposed stationing of up to 80 caravans for human habitation is not provided for by the 1987 permission, but would amount to a material change of use for which planning permission would be required. The claimant appealed that dismissal to the High Court whereby it was dismissed.