Council decision to refuse Gypsy caravan site in Darwen successfully defended at planning appeal

A Planning Inspector has dismissed an appeal for land in Darwen to be used as a Gypsy caravan site.

After moving on to the rural site close to Whitehall Park, the landowner, Mr Thomas Young, submitted a retrospective planning application seeking a change of use from agriculture to a Gypsy caravan site, including six plots – each with a static and two mobile caravans.

Following Blackburn with Darwen Council’s decision to refuse the application for the site in Hall Moss Lane, an appeal was lodged with the Planning Inspectorate.

A public hearing was held on Tuesday, September 16^th, at Blackburn Town Hall, where Inspector, Mr R Walker, heard evidence from the Council and the applicant as well as representations from residents supporting both sides.

Now, the Planning Inspector has dismissed the appeal saying he has found no basis for planning permission to be granted.

You can read the full decision notice here.

Please use case reference: 3364334

The removal of all caravans and associated works, and reinstatement of the land to the condition it was before is now required by January 5^th, 2026.

A spokesperson for Blackburn with Darwen Council said:

This is an unlawful use of the land at Hall Moss Farm, and we welcome the Inspector’s decision to dismiss the appeal.

This is a complex case which has required significant resources from right across the council and our partners too, including unprecedented court action.

We will continue to review the enforcement proceedings on the advice of our legal advisors.

Background

The land neighbouring Whitehall Park is designated as open countryside with a legal use of agriculture.

In addition to the six plots, the application sought permission for a utility block, porous stone hard standing and associated fencing.

The application was assessed through the Council’s planning process – underpinned by national planning policy – and it was refused on five grounds:

• The principle of the development
• The detrimental impact on the highway network, including public rights of ways
• Visual impact
• Ecological issues
• Lack of assessment on the impact on the landscape character

Enforcement action

The Council launched enforcement action against the landowner when unlawful work first started in 2024 and has been reviewing the site closely ever since.

Due to serious concerns regarding the unauthorised development of the land, the Council first issued a Temporary Stop Notice in May 2024.

That was replaced by a Full Stop Notice and Enforcement Notice in July that year.

A Full Stop Notice is in place which prevents all engineering works, including the provision of utility services (water, electricity, etc.), the importing and depositing of waste material for hard services, while preventing the unlawful residential use of the land there, requiring the removal of all caravans and associated works.

The Enforcement Notice also sets out that the land must be returned to the condition it was before. Legally, the Council must give an appropriate amount of time to allow this to happen.

Following an appeal by the landowner, the Planning Inspector upheld the Council’s Enforcement Notice. However, the nine months that had originally been allowed from July 2024 has been extended to eleven months from that decision being made to January 5, 2026.

In July, the Council secured a temporary injunction due to ongoing breaches of building control at the site. A breach of the interim injunction could result in an unlimited fine or a custodial of up to two years in prison.

If required, an application for a full injunction can be heard after January 5^th.