re Tuesley Farm, Waverley - extract from Mr Justice Sullivan's Judgement
Concerning Caravans...
83. In Ramsey v Secretary of State for the Environment Transport and the Regions and Suffolk Coastal DC [2002] JPL 1123, it was held that the carrying out of operations on the land may in some cases be relevant on the issue of whether the proposed use was a temporary one, or was instead a permanent change of use of the land; the latter would arise if the operations make it difficult or impossible for the site to revert realistically to its previous normal use, such as agriculture, in between the occasions when the land is used for the new use.
84. The appellant maintains that in the winter period, the land remains available for other uses such as the parking of vehicles associated with the farm and the storage of agricultural equipment, although there is no clear evidence that such use has occurred to a material extent. Whilst it would not be impossible for it to be used for some agricultural purpose such as incidental parking or storage, it is clearly separated from the surrounding land by the earth bund and fencing with access limited to the group of farm buildings and care would be needed in such use to prevent damage to the infrastructure.
85. Realistically, for all intents and purposes, the land remains designed and fitted out for use as a caravan site and is occupied by caravans for a substantial part of anyone year. It would not lose the characteristic of a caravan site merely because the caravans are removed for the time being. As a matter of fact and degree, the use as a caravan site would not be discontinued and the scheme would fail the second of the criteria of the GPDO permission."
Crown copyright ©