Council rejects attempt to make caravan site use lawful

Bruce Sinclair, Local Democracy Reporter

A call to allow a certificate of lawful development for a rural caravan site has been turned down.

In an application to Pembrokeshire County Council, Tony Powell, through agent Willis & Co (Town Planning) Ltd, sought a certificate of lawful development for Castell Conin Campsite, near Clynderwen.

An officer report recommending refusal said: “This application seeks a Certificate of Lawful Development (LDC) for the use of the land as a touring caravan / campsite, for which the use of the land began more than ten years before the date of this application.”

Proof of occupancy 

An application for a certificate of lawfulness allows an applicant to keep a development if they can provide proof of occupancy or use over a prolonged period.

A previous application for a certificate of lawful development was refused in 2024.

The report added: “The applicant is seeking a legal determination that the land has been continually used as a touring caravan / campsite for a period in excess of ten years before the date of the LDC application and is therefore immune from enforcement.

“It is apparent from the Camping and Caravanning Club website that the site still benefits from a Certificate obtained from the Camping and Caravanning Club. Therefore, enabling it to operate as a certified site for five touring caravans/motor homes and up to 10 tents. It is evident that a change of use of the land has occurred since March 29, 2013. In this instance the use of the land as a ‘caravan’ site has the benefit of permitted development rights by virtue of the certification.”

It added: “As touring caravans are a use of land rather than operational development, the ten-year immunity rule applies. In order to plead this ground successfully it is necessary for the applicant to show that, on the balance of probability, the use has been operated continuously in breach of the Certification and subsequent permitted development rights for a period of ten years before the date of the application for the certificate.”

Breaches

It said that, while there had been breaches over time, these have been temporary breaches, with the site operating in accordance with permitted development for the most part, and therefore the 10 year continuity in breach has not been achieved.

It finished: “Based on the evidence available, it has not been demonstrated on the balance of probability that an unauthorised change of use, has existed for a ‘continuous’ period in excess of ten years prior to the date of submission of this application.

“As such, the existing use as a use of the land as a campsite outside of permitted development rights afforded by an exemption issued in accordance with paragraph 5 of the Caravan Sites and Control of Development Act 1960 and Section 269 of the Public Health Act 1963 is not lawful and the certificate should be refused.”