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Land at Hillend Caravan Park, Llangennith, Gower

DATE: 28 Nov 2008

This was a very unusual inquiry. In 1960 an application for a site licence was made in relation to 26 acres.  This embraced land on which caravans were already stationed pursuant to an express planning permission and other land on which there were no caravans.  The licence application was not determined.  48 years later the site owner contended that deemed planning permission had been granted under s17 of the CSCDA 1960 for use of the entire 26 acres by an unlimited number of caravans and sought a CLOPUD to confirm this.  The local planning authority argued that the deemed planning permission only arose where land (i) was actually being used for the stationing of caravans at the time of the licence application and (ii) did not have the benefit of planning permission. These requirements were not satisfied.  The Inspector agreed and refused to grant the CLOPUD sought. 

Richard Langham appeared for the local planning authority.