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.