11/00713/F - Borough Council of King's Lynn & West Norfolk

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mobile home for persons of gypsy status with additional tree planting,
landscaping, access and gateway.’ Three conditions were appended to that
appeal decision. These were:
Condition 1 -The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
Condition 2 -The site shall not be occupied by any person other than gypsies
and travellers as defined in paragraph 15 of ODPM Circular 01/2006.
Condition 3 - No more than two caravans, as defined in the Caravan Sites and
Control of Development Act 1960 and the Caravan Sites Act 1968 (of which
no more than 1 shall be a static caravan or mobile home) shall be stationed
on the site at any time.
7.0 THE BREACH OF PLANNING CONTROL
7.1 The breach of planning control is as set out in the Enforcement Notice issued
on 11 July 2006, that is to say, ‘without planning permission, the change of
use of agricultural land to use for the stationing of a park home.’
7.2 The occupiers of the site’s agent disputes the validity of the enforcement
notice given the recent appeal decision. However, whilst planning permission
has been granted for a mobile home through the appeal and approval in
January, the crucial factor here is that the park home on site does not benefit
from that permission. In the latest appeal decision, the Inspector deliberately
excludes it from consideration, instead determining whether the use of the
land as a site for occupation by a person of gypsy and traveller status was
acceptable. In this regard she appended a condition which excluded the park
home on site from being authorised, by allowing a caravan/mobile home only
if it complied with the definition as set out in the Caravan Sites and Control of
Development Act 1960 and the Caravan Sites Act 1968. Paragraph 4 of the
appeal decision makes it clear that the park home on site is not a caravan for
the purposes of planning law, due to its width and the conservatory and utility
area attached. Therefore the Local Planning Authority’s view is that the
structure remains unauthorised as set out in the enforcement notice in 2006.
7.3 Section 180 of the Town and Country Planning Act 1990, which refers to an
enforcement notice ceasing to have effect where there is a later grant of
planning permission, only applies to an enforcement notice to the extent that it
is inconsistent with a later grant of planning permission. In this case, the
conditional planning permission obtained under planning reference
10/00200/F for ‘siting of mobile home for persons of gypsy status with
additional tree planting, landscaping, access and gateway’, is not inconsistent
with the requirements of the notice to cease the use of the land for the
stationing of a park home, because of the reasons explained above.
8.0 THE PLANNING HARM PRESENTLY CAUSED
8.1 Conditional planning permission has been granted in accordance with Circular
01/2006, which provides special policy framework for assessing caravan sites