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Issue - meetings

Appeals Decision List

Meeting: 23/07/2020 - Planning Committee (Item 323)

323 Appeal Decisions pdf icon PDF 82 KB


The Committee considered the report of the Head of Planning and Development setting out details of an appeal decision received since the last meeting.


The Development Manager took the opportunity to update the Committee on a High Court judgement following a Judicial Review of its decision to grant planning permission for the change of use of land at Oakhurst, Stilebridge Lane, Marden for the stationing of 18 holiday caravans with associated works, including hardstanding and a bin store. 


It was noted that:


·  The Judge had concluded that the decision must be quashed because the Committee had erred in law by failing to consider the design of the proposed holiday caravans, following the advice in the Officer’s report. The Judge also confirmed that design matters could not be left for consideration under the caravan licensing regime, as there were no powers within this legislation for design to be considered.  Despite the application being for change of use, the design of the units should have been given due consideration.


·  A copy of the judgement would be circulated to all Members and Substitute Members of the Committee.  The application would be reported back to the Committee for redetermination in due course.


RESOLVED:  That the report be noted.