The Court of Appeal has supported South Kesteven District Council in its defence against an appeal from the owners of Tallington Lakes Leisure Park near Stamford.
The Court’s decision means that Tallington Lakes, licensed for 385 units but currently home to significantly more, must be subject to regulation through licensing, and must also comply with planning permissions.
The council says can now confidently continue its work to ensure that Tallington Lakes Leisure Park is operating in line with regulations. Council Leader 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.”
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.”
