Intermittent use of staff caravan thwarts lawfulness claim

An affidavit prepared in support of a LDC seeking confirmation that a caravan sited at a public house and restaurant in Derbyshire had been used for more than 10 years was held by an inspector to be insufficient to prove that its occupation had been continuous.

The affidavit set out periods between 2007 and 2017 when employees occupied the caravan. But the dates of occupancy were imprecise, referring only to years rather than specific dates. Also, there were gaps in the periods of occupancy and the use could only become lawful if the use had been continuous, the inspector decided. There were periods when the council could have taken enforcement action and therefore without clear proof of continuous occupancy a certificate could not be granted.

Inspector: Alistair Phillips; Written representations

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