Case Study
Caravan Site near Canterbury

A Certificate of Lawful Use established a mixed use across the site

A previous planning permission for the “retention of mobile home”, approved June 1994, allowed for the mixed-use nature of the site to commence. The other uses comprised of the keeping of horses and agriculture/horticulture. The permission failed to condition the number of mobile homes permitted nor did it include a red line boundary, presenting the opportunity for a Section 192 application for a proposed use. However, as the mixed-use nature of the site had existed for over a 10-year period, we advised the submission of a Section191 application for a Certificate of a Lawful Existing Use for the mixed use of land for a caravan site, agriculture or horticulture purposes, and the keeping of horses. Evidence required for this application comprised of aerial photography and witness statements.

2019

The original application for a Certificate of Existing Lawful Development under Section 191 was refused because the application did not define where the uses were taking place on the site. It was determined that entire site was one planning unit and the mixed use as described took place across the entire land, therefore, it was not possible or necessary to define where each of these uses took place. The Section191 application was resubmitted with legal opinion from Michael Rudd confirming the situation.

Once the Section 191 was approved, a caravan site licence application and a fit and proper persons test were submitted to the council. We worked closely with the client to produce a site layout to accompany the application.

2008