Holiday park expansion at Waveney Valley Holiday Park Air Station Lane, Rushall

“Applicant’s Name: [name withheld]: Waveney Valley Holiday Park, Air Station Lane, Rushall, IP21 4QF Proposal: Certificate of lawful use for proposed use of land for the siting of up to 56 static caravans and 15 tent pitches all for holiday use only and forming a holiday park, and use of building on site as a public house…”

“The application is for a Certificate of Lawfulness for a proposed use or development under section 192 of the Town and Country Planning Act 1990 (as amended) for the proposed use of the land for the siting of 56 static caravans and 15 tent pitches all for holiday use only and forming a holiday park, and the continued use of a building on the site as a public house.”

“The site is believed to have been used as a holiday park since opening in 1977 and is in a rural location to the north of the main village of Rushall. To the south of the site there are 5 neighbouring residential dwellings on Air Station Lane. To the north there are three further residential dwellings along with some commercial uses, including Air Station Farm. To the east and west there are predominantly agricultural fields.”

“A Lawful Development Certificate (2023/1638) was granted on the site in August 2023 for 21 static caravan pitches, 25 touring caravan pitches and 25 tent pitches, which equates to a total of 71 pitches as well as the continued use of a building on the site as a public house.”

“The site currently benefits from a Lawful Development Certificate (2023/3038) for 46 static caravan pitches, 10 touring caravan pitches and 15 tent pitches (still a total of 71 pitches) as well as the use of a building on the site as a public house following the approval of a further Lawful Development Certificate application in July 2024.”

“The Inspector noted that in the Spill appeal case the proposal would ‘not have any notable effect on the local water, sewage, or electricity infrastructure, or medical facilities. This is because the type and intensity of occupation would be broadly similar. By the same reasoning, the proposal would not result in a significant increase in local traffic compared to how the Council accepts the site can be used lawfully.”

“Flooding and Drainage – Single lane road floods terribly each year in the winter – Beck runs around the back of the campsite - extra surface water from the concrete areas, loss of grass areas and roof structures • 71 Static vans will be catastrophic to the local area • Impact on neighbour amenity - extra noise, light pollution, loss of privacy • Additional traffic – Air Station Lane is a designated quiet lane and a no through road – frequently used by walkers and horse…”

“Under section 192 of the Town and Country Planning Act 1990, a certificate of lawfulness for a proposed use or development may be granted if, on the date of the application, the proposed use, operation or activity would be lawful if instituted or begun. The test is not whether the proposal is acceptable in planning terms, but whether it would be lawful, meaning:”

“The burden of proof lies with the applicant, and the decision must be based on evidence, not planning merits. Unlike standard planning applications, material planning considerations such as impact on residential amenity, highway safety, flood risk, landscape character and sustainability are not relevant to the determination of a section 192 application unless they indicate a material change of use or breach of planning control.”

“Members voted unanimously to grant the lawful development certificate.”