Replacement dwelling claim scuppered by inspector's ruling on existing structure

The replacement of a dwelling in the north Yorkshire green belt was not supported by an inspector who concluded that paragraph 89 of the NPPF did not apply.

The site contained a mobile home whose siting the council agreed was lawful. The appellant maintained that the council in issuing a LDC had concluded that the four-year rule applied and as a consequence it was a dwelling. She asserted that it could not be towed and timber decking had been added to give it a degree of permanence.

The fact that the structure was connected to all main services was not uncommon, the inspector decided, and the absence of wheels and a tow bar did not mean that it did not fall within the definition of a mobile home. The decking had been added later and did not appear to be integral to the main structure. Since paragraph 89 of the NPPF only applied to replacement buildings in the green belt, constructing a brick built bungalow as a replacement for what was a caravan was inappropriate. It would also reduce the openness of the area and the appeal was dismissed.

Inspector: Alison Rowland; Written representations

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