Tallington Lakes loses appeal in court against SKDC planning rules

A caravan park owner is facing a £20,000 bill after losing an appeal that could have allowed it to ignore planning and licensing rules.

Tallington Lakes Leisure Park lodged a court appeal against South Kesteven District Council’s attempt to bring it in line with the regulations other businesses and residents face.

But the Court of Appeal decided that under the Caravan Sites and Control of Development Act 1960, Tallington Lakes Leisure Park is subject to regulation through licensing and must also comply with planning permissions for use of the land.

South Kesteven District Council leader Ashley Baxter (Ind - Market and West Deeping) said: “We are pleased that our professional opinion about the status of this site has been supported by the courts.

“It means our officers from different departments can take a co-ordinated approach to ensure the site complies with relevant legislation.

“The purpose of licensing regulation is to protect the public and the countryside.

“Residents from the site and the neighbouring villages have often raised concerns about the way the site is managed and will be encouraged that the council has successfully defended against the site owners’ appeal.”

Tallington Lakes is a large site of mixed residential and holiday lettings located around several lakes.

The site has been licensed for 385 units but significantly more are situated there.

The next step will be a site visit by the council’s environmental health and planning officers to continue investigations.

Officers will visit to ensure compliance with licensing and planning conditions. Enforcement action will be taken if deemed appropriate.

Any other development work that has been undertaken at the site will be examined to check it is in line with planning conditions at the site.

Tallington Lakes Ltd is liable for the council’s £20,431 costs in defending the appeal, and the council is in the process of recovering this debt.

In a written judgment, Lord Justice Underhill said: "South Kesteven District Council's correspondence leading to the issue of the 2016 licence seems to me to have been clear and appropriate.

"In any event, however, it was always open to the appellant to seek legal advice, and/or representation ... but it seems that he prefers to trust his own judgment."