Fallback secures permission for use of gypsy site as construction compound

An inspector took account of permitted development rights as a realistic fallback in deciding an appeal against an enforcement notice alleging an unauthorised change of use of a gypsy site to a building site compound in Sussex.

The site lay adjacent a large housing estate under construction and was being used to store building materials, park construction vehicles and cars and caravans were being used as a site office.

The appellant claimed that the compound was permitted development granted by Class A (temporary buildings and structures) of Part 4, Schedule 2 of the GPDO and would revert to its lawful use on completion of the housing development, by virtue of sec.57(3). The council, however, argued that the material change of use of the site from a residential caravan site for gypsies and travellers required planning permission and was not permitted by Class A. The inspector decided use of the site appeared to be consistent with Class A, except the parking of other vehicles that could not be regarded as construction machinery, and would revert to its normal lawful use as a gypsy site on completion of the housing estate. She corrected the notice to reflect the Class A lawful rights.

In respect of the deemed application for a temporary twelve-month period, the main issue was the effect on the supply of gypsy and traveller sites in the district. The inspector stated the Class A permitted development rights provided a realistic fallback position of considerable weight and as the site would not be available for use as gypsy and traveller site for a limited period, she granted temporary permission.

Inspector: Claire Sherratt; Written representations

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