Court of Appeal reject Christchurch's Tall Trees Park appeal

BCP Council’s decision to refuse permanent resident occupation for part of Tall Trees Park was upheld by the Court of Appeal, after rejecting the owner's claim that because some had been occupied for more than ten years, the whole area should be immune from enforcement.

RoyaleLife, which bought the park on Matchams Lane in Christchurch four years ago, previously managed to secure Council permission for most of on-site living residents to remain.

However, the authority rejected its attempts for a remaining pocket of homes.

Robert Bull, chief executive of RoyaleLife, said: “There is no suggestion that the Local Authority intend to alter their position that residents may remain on site, however the consequence of the Court of Appeal’s decision is that RoyaleLife are not able to provide these residents with the level of formal security that exists on other sites.”

• Read more: 'Residents will be particularly frustrated': Anger over Tall Trees appeal dismissal

The issue at the appeal was not whether the residents may remain on the site, but a technical issue as to whether planning permission is needed so that RoyaleLife could grant the residents the necessary agreements following a license.

Mr Bull added: “While disappointed and frustrated with the decision, I want to make it clear no residents are being made to lose their occupation. That said, I’m particularly disappointed for the residents who, I know, will be extremely frustrated at the outcome and rightly so.

“We have committed substantial resources in an attempt to resolve this legacy issue and will be exploring further avenues to hopefully secure a successful resolution for the residents.”

The Tall Trees Home & Lettings Park on Matchams Lane

For several years, residents of Tall Trees had been paying council tax despite restrictions forbidding the site’s use for permanent living.

BCP Council deputy leader Cllr Philip Broadhead said: “The owners of Tall Trees caravan park applied some years ago for a lawful development certificate which would have allowed permanent occupation of a number of caravans within an area of the Park.

“This was refused by the former Christchurch Borough Council, as the Local Planning Authority at the time, as the Park was subject to a condition that the caravans not be used as permanent residences.

“BCP Council has continued to be consistent in its response to this application, which it has always considered to be a reasonable and lawful response, and is pleased the Planning Inspector, and recently the Court of Appeal has confirmed this.

“Although the Council has exercised its discretion to confirm enforcement action will not be taken in respect of some of the caravans which have been occupied for many years, it remains the case that there are some caravans that remain subject to the condition and potential enforcement action.”

In 2016, the council announced it was planning to take enforcement action and had set aside £600,000 for the process. The action was dropped in 2018.

Since then, legal rights for most of the site's residents to live there permanently have been secured but attempts to cover everyone have failed.