Appellants who were hoping to gain permission for an additional residential caravan on their pitch in north Yorkshire will no doubt be interested in the fate of the Finney judgment, reported in A conflict situation, in the Supreme Court.
In this case (DCS Number 400-025-064) the inspector related that permission had been granted in 2014 for the ‘siting of a static caravan and a touring caravan’. The permission was subject to a condition that there could only be two caravans on the pitch, only one of which could be a static caravan. The appellants sought permission under section 73 of the Act to place two static caravans and one touring caravan on the site.
In the light of Finney, however, the inspector explained that a change in the description of the permitted development would be outside the power conferred by section 73. If he were to allow the appeal and left the description of the permitted development intact, there would be a conflict between what was specified in the description and what the new condition allowed. He advised that the Finney case was going to the Supreme Court, but that his decision was based on the law as it currently stands.
The inspector concluded that he could not proceed to consider the appeal as it would be beyond his powers to do so under section 73. On that basis, the appeal was dismissed.
Watch this space.
Section 4.416 of DCP Online concerns the removal or amendment of conditions.