Firm makes another bid for new caravan donkey site on Calderdale farmland

Luxury Life Developments Ltd has applied to Calderdale Council seeking a certificate of lawfulness of existing use or development (CLEUD) for the land at Upper Abbots Royd Farm, Scammonden Road, Barkisland.

A first bid for a certificate failed last year.

It is necessary to confirm the land as in mixed use as a caravan site, for the keeping of donkeys and for agriculture, say consultants Green Planning Studio Ltd, in a supporting statement submitted with the application.

The initial CLEUD application was rejected by the council in August last year on the grounds criteria had not been met in that insufficient evidence was submitted to show that “on the balance of probability the site…has been used continuously as a mixed use caravan site and keeping of donkeys and agriculture for a period in excess of 10 years”.

But the consultants say this time King’s Counsel opinion had been sought, critiquing the previous refusal, adding an additional affidavit and also photographic and plan details to better illustrate existing uses.

Case law backs up their client, they argue.

“There is evidence to demonstrate that, on the balance of probabilities, the site has been used as a mixed use of land for the keeping of horses and the stationing of a mobile home for residential purposes for a period in excess of 10 years prior to the date of this application,” they argue.