We were asked to advise our clients on the possibility of replacing a static caravan on their land, which benefited from a lawful use certificate for holiday purposes. However the original lawful use decision described the caravan as being a touring caravan, rather than a static unit. On the basis of this description the Council were unwilling to allow a replacement static caravan to be installed.
Having investigated the History of the site it became clear that a static caravan had occupied the site for a considerable number of years, and as such the existing caravan was entirely lawful and its replacement with another unit would be entirely appropriate. An application was submitted to the Council providing detailed evidence to substantiate this claim. However the Council refused the application, requiring that an appeal be submitted to challenge this refusal.
Following submission of the appeal we were approached by the Council with an offer to negotiate for a replacement unit, demonstrating that perhaps their original decision was incorrect. Following negotiations with the Council the client was granted permission for a replacement chalet, a substantial improvement from the existing unit on site.