Somerset Council has been ordered to pay the legal costs of a caravan park operator after a planning inspector concluded that the authority’s refusal to recognize the site’s lawful use was not well founded.
The decision concerns Cornish Farm Touring Park on Killams Avenue near Taunton, Somerset, located south of the M5 and near the Killams Park housing estate. The park accommodates motorhomes, caravans, and tents and is operated by Sovereign Park Homes Estates Ltd.
In June 2025, the company applied for a certificate of lawfulness to formalize the use of the property as a caravan park with up to 25 spaces for holidaymakers. Somerset Council refused the application, prompting the operator to appeal. A public inquiry was held in June 2026, followed by a site visit by Planning Inspector Roy Curnow on June 10.
The dispute centered on the interpretation and continued enforceability of conditions attached to the site’s original planning permission, issued in 2000. That permission allowed up to 25 pitches to be occupied at any one time and limited occupation to 28 consecutive days.
Somerset Council argued that the 28-day restriction was “no longer enforceable” and had been “continuously breached for a period of ten years.” The authority also argued that allowing caravans to have a greater year-round presence would alter the character of the site and increase traffic through the parish of Pitminster.
During his site visit, however, Curnow observed that the property contained “far more than 25 pitches.” A site plan displayed inside the reception building showed 48 pitches for potential occupation, according to SomersetLive.
“There is no control on either the length of time that a caravan might be sited on the land, nor on the type of caravan that might be used,” Curnow said.
The inspector concluded that the council’s concerns about residential use and changes to the site’s character did not provide grounds to refuse the certificate because such use was not effectively restricted under the existing planning position.
“There are simply no restrictions on using caravans on the land for residential purposes.
“Therefore, the effects on character referred to by the council could happen anyway, and there would be no material change in the character of the land.
“I conclude that the council’s refusal to grant a certificate of lawful use or development, in respect of the use of the land as a caravan site for 25 static caravans occupied for the purposes of human habitation, is not well founded.”
Curnow also issued a costs decision against Somerset Council, finding that the authority’s conduct during the appeal amounted to “unreasonable behaviour leading to unnecessary expense” for the applicant. He cited the council’s failure to make a “timely and correct decision” and its failure to reconsider its position as the appeal progressed.
The inspector additionally described the council’s arguments concerning the duration of caravan occupancy as “fundamentally flawed and not substantiated.” The ruling did not specify the final amount of legal costs Somerset Council must pay.
For campground and caravan park operators, the decision highlights the importance of understanding the relationship between historic planning permissions, operating practices, and subsequent certificates of lawfulness. It also illustrates how long-standing site conditions can become central to disputes when actual use differs from the restrictions originally attached to a property.
For operators considering expansion or changes to occupancy patterns, maintaining clear planning records and reviewing historic conditions before making operational changes may help identify potential regulatory issues.
The ruling allows the caravan park’s use for up to 25 static caravans occupied for human habitation to be recognized as lawful, while the inspector’s observations about the site’s existing 48-pitch layout indicate that the site’s current physical configuration may differ from the number of pitches covered by the planning decision.
