Devon AONB lawful use certificate defeated

We represented a local resident in objecting to an application for a Certificate of Lawfulness for siting of caravans in two fields in the East Devon AONB

In December 2021 we were instructed by a local resident in East Prawle, a village within the South Devon AONB and South Devon Shore SAC, and near Start Point SSSI. Our client was concerned about caravan parking in fields opposite his house. The farmer submitted a CLEUD application in relation to two fields. We submitted an objection with meticulous detailed evidence showing that the use had not been continuous or (in terms of location) consistent. Relying on the decision in R (North Wiltshire District Council) v Cotswold District Council [2009]EWHC 3702 (Admin) we showed that the application was insufficiently clear to be capable of determination. The application was refused by South Hams DC. The farmer submitted a second application in December 2022 in relation to one field only, arguing the use was “seasonal” not year-round, and we submitted an objection in relation to this also. That application was refused by South Hams DC.