The decision of the Court of Appeal confirms 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.
The council can now confidently continue its work to ensure that Tallington Lakes Leisure Park is operating in line with regulations.
Council Leader Cllr Ashley Baxter 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 both 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 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 SKDC’s £20,431 costs in defending the appeal, and the Council is in the process of recovering this debt.
In a written judgement, Lord Justice Underhill states: "SKDC'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."
Tallington Lakes Limited v South Kesteven District Council was heard in the Court of Appeal on 27th June 2024.
The case related to whether Tallington Lakes is a “relevant protected site” along with other matters relating to the licensing and use of the site.
The case has been ongoing for a number of years as Tallington Lakes Limited exercised their right to appeal as each stage, which ultimately concluded in the Court of Appeal.
The appeal had three grounds:
• That no properly convened on notice hearing with the requisite evidence and documentation has ever taken place when deciding the site’s status.
• That the appellant is not the occupier of Tallington Lakes Leisure Park.
• That Tallington Lakes Leisure Park is not a relevant protected site.
The Court of Appeal ruled against Tallington Lakes Limited on all three grounds following a hearing and the decision is attached.
The appellant chose to represent themselves.