DC Casebook: Mixed Use Development - Live-work units held contrary to policy

Planning, 15 August 2008

The appellants maintained that the scheme would provide a unique mix of living, business and recreation space in a managed environment. A target client list suggested that the accommodation would be of interest to higher-spending visitors in a number of categories, including business executives looking to work during extended family holidays, people visiting local businesses or foreign and dual residency business clients.

The inspector remarked that the government's good practice guide on planning for tourism highlights the sector's importance to the economic, social and environmental well-being of the whole country. He observed that its definition of tourism refers to the activities of people who are travelling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes.

He noted that the appellants did not suggest a method for ensuring that occupancy of the accommodation would be restricted to the client groups they had identified or show how the land and facilities would be retained for these purposes. He considered that these matters could not be resolved through planning conditions because they would be regarded as ultra vires under Circular 11/1995.

In the absence of any means of control, the inspector determined that the development was akin to a residential scheme in the countryside. It would conflict with local plan policy requiring development in rural areas to be strictly controlled unless it benefits economic activity and does not increase the need to travel, he concluded.

DCS Number 100-056-487

Inspector Kevin Nield; Hearing.