CASEBOOK: Appeal cases - Food and drink uses - Summer snack bar accepted at coastal car park

An enforcement notice directed against a mobile catering business at a car park on the north Cornwall coast has been quashed and planning permission granted, although a claim that the use had achieved immunity was rejected.

The car park was sited in a field next to a surf club. The appellant used part of the land to station a trailer selling hot and cold food and drinks. He claimed that the use had commenced in 1993 and involved more than 28 days trading in any calendar year, thus making it a permanent rather than temporary use.

The inspector rejected this argument due to a lack of evidence. But he decided that subject to restricting the use to between April and October, it would not adversely affect the character of the coast, which was already affected by the car park. He imposed a condition requiring the size, design and siting of the trailer to be agreed with the council and its use limited to between 8.30am and 7pm within the specified months.

DCS No: 55669012; Inspector: Tim Morgan; Inquiry.

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