The appellant originally sought permission for ten permanent residential moorings in order to increase revenue during the winter months but the council was concerned that the development was in a remote location. In the absence of supporting financial evidence, the council imposed a five-year temporary condition in order to assess the impact of permanent residential moorings on the business over that period.
Observing that it is not possible to measure the financial impact of permanent moorings on a business if those moorings are temporary, because of the effect of insecurity of tenure, and noting the lack of alternative permanent moorings in the area, the inspector decided the condition to be unreasonable, imprecise and unenforceable. The condition, therefore, failed the tests for conditions set out in national PPG.
The inspector also concluded that the adverse impacts arising from accessibility to services for future boat-owners would not significantly and demonstrably outweigh the benefits of meeting an unmet need for permanent moorings and providing for a mix of housing.
Inspector: Amanda Blicq; Written representations