Manufacturers – DC Requirement to remove caravan

DC Requirement to remove caravan

Requirement to remove caravan    9.3512

Where an enforcement notice is directed at a caravan at a farm it may be debated as to whether it is reasonable to seek complete removal or whether such a caravan may be allowed to remain for ancillary agricultural purposes for which planning permission would not be required. This consideration invokes the well-known Mansi principle (see 4.5362). Although cases have shown that it is legitimate to require complete removal, a commonsense view is needed of the matter in the light of the fact that once removed a particular caravan could legitimately return to a different location on the farm unit but in an ancillary role.

 

Enforcement    9.35
Enforcement against agricultural dwellings created or erected without planning permission is not unknown, particularly in barn conversion cases. In the latter instance the 4-year rule may come into play and the legal matters discussed at (10.15) are relevant.
Agricultural caravans    9.351
Most enforcement notices relating to agricultural dwellings concern caravans, and the normal problems endemic to unauthorised caravans are likely to be encountered. (see 24.65 & 4.35). A particular difficulty that may occur in relation to caravans at farms, where there has been rudimentary or spasmodic residential occupation, or where a caravan may be used as a mess or shelter, is discussed at (4.5351) and (22.1133).
Enforcement against breach of temporary permission    9.3511
It is quite a common occurrence for enforcement action to be considered necessary when a temporary permission for an agricultural permission has expired. Obviously, local authorities should not contemplate such enforcement if there is a possibility that renewal, or the grant of permission for a permanent dwelling, is the appropriate option.
Requirement to remove caravan    9.3512
Where an enforcement notice is directed at a caravan at a farm it may be debated as to whether it is reasonable to seek complete removal or whether such a caravan may be allowed to remain for ancillary agricultural purposes for which planning permission would not be required. This consideration invokes the well-known Mansi principle (see 4.5362). Although cases have shown that it is legitimate to require complete removal, a commonsense view is needed of the matter in the light of the fact that once removed a particular caravan could legitimately return to a different location on the farm unit but in an ancillary role.
Appeal record