New Forest National Park Planning Appeal Victory For Coles Miller29th Oct 2013
Coles Miller Solicitors have won a planning appeal in the New Forest National Park - helping a family living in a static caravan to get permission for a new two-storey home.
Coles Miller assisted the family owners of Greenhill Farm Caravan & Camping Park with their appeal after officials refused to let them build a new house at the site.
Applicant Mrs Lorna Lee lives with her husband and two daughters in a static caravan at the 160-pitch touring park they own at Landford near Salisbury.
They need to live on-site to manage the successful caravan park which is based within the boundaries of the New Forest National Park.
But the National Park Authority refused their application, saying it was contrary to the New Forest’s special protected status.
Coles Miller took up the Lee family’s case, providing legal advice for their planning appeal.
Chartered Town Planning Consultant James Cain argued successfully that the application qualified for approval because the house would be a rural worker’s dwelling of less than 120m2.
Planning Inspector Nick Fagan agreed that the business needed a 24-hour on-site presence and that the family’s static caravan was too small for their needs.
Mr Fagan had “little doubt that running such a large well equipped campsite” would occupy Mrs Lee “full time for the majority of the year.
“The static caravan the family currently occupies is very small and cramped and, in my view, not suitable.
“It could be replaced by a larger mobile home but I do not consider such a requirement to be reasonable for such a family-run business where the owner is directly running and managing the enterprise,” said Mr Fagan.
He added: “Local plans should support the sustainable growth and expansion of all types of enterprise in rural areas - including supporting tourism and visitor facilities which respect the character of the countryside.”
Coles Miller is delighted with the family’s planning victory. James Cain said: “Appeals like this are challenging technically but give me great satisfaction.
“The Lees are now free from the shackles of planning and they can build their family home and continue to grow their successful business.”
Coles Miller’s planning team advises both businesses and individuals across Dorset and Hampshire. Most of their work is in the Bournemouth and Poole area.
They help a wide range of clients to apply for planning permission for development. Projects include new homes, change of use, commercial and industrial premises and listed building consents.
The planning team also assists with appeals (written representations, hearings and public inquiries), enforcement notices and certificates of lawfulness for either existing use (CLUED) or proposed use or development (CLUPOD).
The team can also help companies and individuals to apply for planning conditions that adversely affect them to be either lifted or varied.
Coles Miller Solicitors have five offices in Dorset: Bournemouth, Poole, Broadstone, Charminster and Wimborne.
For further details, please contact Coles Miller Solicitors’ Chartered Town Planning Consultant James Cain, 01202 293226.
This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.
