Hammond v Secretary of State for the Environment (No.1) Court of Appeal (Civil Division), 30 January 1997
Subject: Planning
Keywords: Estoppel; Planning procedures
Where Reported: (1997) 74 P. & C.R. 134; [1997] N.P.C. 8; Times, February 20, 1997
Documents: Case Analysis (1997) 74 P. & C.R. 134
Terms in Context:
…12 months to demolish the bungalow but he continued to live there and his daughter continued to live in the mobile home. On July 23, 1992 the second respondent served another enforcement notice, this time relating to the mobile home. The appeal against the 1992 notice was dismissed in a decision letter dated July 13, 1993. The inspector considered that it was appropriate, without injustice to either party, to correct the notice to refer to “the stationing of the mobile home for the purpose of human habitation”. On January 30, 1995 Dyson J. refused an application under section 289(1) of …
…the bungalow. Instead he went on living in it with his family, and his daughter went on living in the mobile home. It was not until July 23, 1992 that the council served another enforcement notice this time relating to the mobile home. The breach alleged was “the stationing of a mobile home”. When the notice was served on him, Mr Hammond told the officers who served it that his daughter, who was by now 20, was the occupier of the mobile home. He took them to inspect it, and he says that they said they would come back later that day and …
…he expressed the view at the inquiry that the allegation in the notice which referred to the stationing of a mobile home should be amended to include reference to the purpose for which the mobile home was used at the time when the notice was issued. He said there was no dispute that the mobile home was used at that time for residential purposes. He referred to the case of Wealden District Council v. Secretary of …
…mere labelling. Mr Hammond believed that the only matter being complained of was the fact that the had stationed the mobile home on the land, and he did not know that the matter that was really being complained of was that he had stationed the mobile home there for human habitation. He believes that the Inspector ought to have made it clearer to him that he was …
…intervene. But I cannot see that Mr Hammond’s arguments have any substance at all. He knew perfectly well what the mobile home was being used for and what the local authority was complaining about, and he would not have taken the enforcement officers over to show them that it was in fact his daughter who was using the mobile home as a place of human habitation if he did not know that this was the breach of planning control about which they were concerned, and not the mere stationing of the mobile home on the land. He also knew that the Inspector was considering amending the notice. In my judgment the Inspector’s judgment…
42.
Enforcement/injunction
Citation: E.L.M. 2005, 17(5), 221-222
Subject: Planning
Keywords: Breach of injunction; Caravans; Enforcement notices; Green belt; Mobile homes; Suspended committal orders; Travellers
Documents: Legal Journals Index Abstract
Terms in Context:
…Jason LowtherE.L.M. 2005, 17(5), 221-222 Environmental Law & Management Planning Breach of injunction Caravans Enforcement notices Green belt Mobile homes Suspended committal orders Travellers Comments on the High Court ruling in South Bedfordshire DC v Price on whether the defendants, who had occupied caravans and mobile homes on a green-belt site, had breached injunctions requiring them to cease residential use and they should be held in…
43.
Caravan – mobile home – definition of development – established use certificate (Case Comment)
Citation: J.P.L. 1991, Feb, 131-137
Subject: Planning
Keywords: Caravans; Development; Mobile homes; Planning permission
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…LJI00000682691223 Case Comment JPL Journal of Planning & Environment Law 1991 Feb Caravan – mobile home – definition of development – established use certificate J.P.L. 1991, Feb, 131-137 Planning Caravans Development Mobile homes Planning permission Carter v Secretary of State for the Environment [1991] J.P.L. 131 LJI0000068269 J.P.L. 131 131 In 1986 the …
…the Town and Country Planning Act 1971.”Later in 1986, the applicants decided to replace the caravan with a new mobile home. At a subsequent inquiry, the Inspector stated in relation to the mobile home that: “Excluding the porch, the Park Home is of rectangular shape with agreed external measurements of 4.7 m by …
…under section 246 of the 1971 Act.The DEPUTY JUDGE said that Mr. Sales argued that the installation of the mobile home was in law the stationing of a caravan within the established use of the site and not the erection of …
…Act, as amended.”Mr. Sales submitted that this dictum of Lord Lowry applied equally in this case. Hence, since the mobile home satisfied the statutory definition of a caravan, it should be treated as a caravan. It was to be observed that the question whether the mobile home installed by the applicant satisfied the statutory definition of a caravan was an issue raised before the Inspector. It was …
…level to the ceiling at the highest level): 3.04 metres.”Certainly these dimensions were much greater than the applicant’s mobile home. Perhaps at this stage before looking further at the 1968 Act he would say something about the expression “mobile home.” It appeared to be a much used expression in common parlance. It also, however, had a statutory definition. It was to be found in section 5 of the Mobile Home Act 1983, which replaced the Mobile Homes Act 1975. The 1983 Act was concerned to give protection to the occupiers of mobile homes against J.P.L. 135 135 the site owner. For the purposes of that Act a mobile home was given the same meaning as a caravan in Part I of the 1960 Act. He derived no great assistance…
44.
East Hampshire DC v Davies Court of Appeal (Civil Division), 20 November 1990
Subject: Planning; Civil procedure
Keywords: Enforcement notices; Interlocutory injunctions; Mobile homes
Where Reported: (1991) 61 P. & C.R. 481; [1991] 2 P.L.R. 8; [1991] 10 E.G. 149
Documents: Case Analysis (1991) 61 P. & C.R. 481
Terms in Context:
…East Hampshire DCDavies EAST HAMPSHIRE DC V DAVIES (1991) 61 P. & C.R. 481 [1991] 2 P.L.R. 8 [1991] 10 …
…of Appeal (Civil Division)UK United Kingdom 20 November 1990 (c)Sweet & Maxwell Limited Planning Civil procedure Enforcement notices Interlocutory injunctions Mobile homes Enforcement notice alleged breach placing of mobile homes on land contrary to notice criminal proceedings not yet heard whether interlocutory injunction to be granted Where a local authority had brought criminal proceedings which had not yet been heard against a travelling showman for placing mobile homes on a site in alleged breach of an existing enforcement order, and had also commenced an action by writ, the …
…which was already subject to a 1985 enforcement notice requiring permanent discontinuance of its use as a “site for a mobile home”, and proceeded to use it as a winter stopover for five residential caravans or mobile homes and 11 other vehicles and trailers. The authority took out three summonses alleging failure to comply with the 1985 notice Co. v. Ethicon; (2) in all the circumstances (including the degree of protectiveness in relation to a resident in a mobile home shown by ss.90 and 183 respectively of the Town and Country Planning Acts 1971 and 1990), and particularly in…
45.
“Protected sites” and the Mobile Homes Act 1983
Citation: L.G. Rev. 1988, 152(16), 301-302
Subject: Planning; Hospitality and leisure
Keywords: Caravan sites; Gypsies; Local authorities powers and duties; Possession of land
Documents: Legal Journals Index Abstract
Terms in Context:
…LJI0000025880LOCAL GOVERNMENT REVIEW 015200169698 Legal Journals Index 1072 Article – Journal Case Comment “Protected sites” and the Mobile Homes Act 1983. L.G. Rev. 1988, 152(16), 301-302 Local Government Review Planning Hospitality and leisure Caravan sites Gypsies Local authorities powers and duties Possession of land Whether site was gipsy caravan site and therefore protected under the Mobile Homes Act 1983. Greenwich L.B.C. v Powell [1988] E.G.C.S. 27…
46.
Maldon DC v Hammond (No.2) Court of Appeal (Civil Division), 07 July 2005
Subject: Planning
Keywords: Contempt of court; Injunctions; Mobile homes; Suspended committal orders; Variation
Where Reported: [2005] EWCA Civ 1001; Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…Maldon DCHammond (No.2) MALDON DISTRICT COUNCIL V MICHAEL ROY HAMMOND [2005] EWCA Civ 1001 Official Transcript …
…Pill, L.J.Pill LJ Clarke, L.J. Clarke LJ Rimer, J. Rimer J (c)Sweet & Maxwell Limited Planning Contempt of court Injunctions Mobile homes Suspended committal orders Variation contempt of court suspended committal orders extension of period of suspension The appellant (H) appealed against …
…injunction granted in favour of the respondent local authority. The injunction had required H to cease to reside in his mobile home on the land in question, and to remove both the home and motor vehicles from the land. The execution of …
…of the injunction. When the injunction had been granted, the judge had seen no particular difficulty in re siting H’s mobile home on an alternative site. However, the local authority had subsequently conceded that there was no other site available on which H could reside in his mobile home, although it had undertaken to provide him with immediate temporary accommodation were he to leave his mobile home. H submitted that his sentence should be reviewed and the period of suspension be increased by reason of events subsequent to the making of the order. For failing to comply with an injunction to remove his mobile homes from land, the court had been entitled to order that the appellant be committed to prison for two months, suspended …
…persistent breaches of the injunction. It might have been a problem for H to know what to do with his mobile home, but he had been granted a period of six months in which to take steps and it was a problem…
47.
Chartered Trust Plc v Kervill County Court (Winchester), 10 November 1997
Subject: Consumer law; Sale of goods
Keywords: Conditional sale agreements; Merchantable quality; Mobile homes
Where Reported: [1998] C.L.Y. 2492
Documents: Case Analysis
Terms in Context:
…Chartered Trust PlcKervill CHARTERED TRUST PLC V KERVILL [1998] C.L.Y. 2492 Chartered Trust Plc Kervill UNREPORTED CHARTERED TRUST …
…and Wales10 November 1997 Judge Chalkley Chalkley, HHJ (c)Sweet & Maxwell Limited Consumer law Sale of goods Conditional sale agreements Mobile homes Merchantable quality conditional sale agreements purchase of mobile home defective pitch whether not merchantable or unfit for purpose whether “Moorcock” implied term in the conditional sale agreement as to …
…finance company, CT, entered into a non-regulated conditional sale agreement for the sale to K of a second hand mobile home situated on a site. CT was not a party to the assignment of the pitch agreement to K. In 1992 the mobile home began to warp and exhibit signs of distress, and K stopped paying the instalments. CT terminated the agreement for breach, and sued for possession and sums due on termination. K defended and counterclaimed, on the basis that (1) the mobile home was not of satisfactory quality and was unfit for use as a mobile home on that pitch, and, in any event, (2) relying upon Moorcock, The Moorcock, The (1889) L.R. 14 P.D. 64 , CT …
…was liable for any defect in it. Before trial the expert witnesses agreed that the concrete base on which the mobile home was sited was of wholly inadequate construction, but that there was no defect in the mobile home itself. Held, making an order for possession of the mobile home and giving judgment for sums due on termination, that (1) there was no breach of the Sale of Goods Act 1979 implied terms in the absence of evidence that there was anything wrong with the mobile home itself, and (2) that there was no further implied term which rendered CT liable for the state of the concrete…
48.
Maldon DC v Hammond (No.1) Queen’s Bench Division, 27 June 2003
Subject: Planning
Keywords: Coast protection; Enforcement notices; Hardship; Mobile homes
Where Reported: [2003] EWHC 1910 (QB); Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…Maldon DCHammond (No.1) MALDON DISTRICT COUNCIL V HAMMOND [2003] EWHC 1910 (QB) Official Transcript Maldon DC Hammond (No …
…UKUnited Kingdom Official 27 June 2003 Buckley, J. Buckley J (c)Sweet & Maxwell Limited Planning Coast protection Enforcement notices Hardship Mobile homes mobile homes enforcement notices Coastal Protection Belt site hardship entitlement to injunction requiring removal of mobile home The local authority sought an injunction requiring the removal by H of a mobile home, structure and motor vehicles which he had located on a site which fell within a Coastal Protection Belt. Policy CC1 …
…between it and H was one of flagrant breaches or disregard for planning regulations and planning control in that the mobile home was subject to an enforcement notice and was damaging to the environment, the structure was subject to an enforcement notice…
…as possible.Held, granting the application, that the local authority was entitled to an injunction requiring the removal of H’s mobile home and motor vehicles as there were flagrant breaches of planning controls in that H lived in the mobile home when he knew he was not entitled to do so. On the evidence, it would have been damaging to allow the mobile home to have remained on the site. The presence of a number of vehicles on the site, in particular, shells of …
…1549, [2002] 1 W.L.R. 1359 applied. Accordingly, the local authority was entitled to the injunction requiring H to move the mobile home, vehicles and other structures located on the site. the local authority Edmund Robb. H Patrick Ground Q.C. the local authority…
49.
Housing (Scotland) Act 2006 asp 1 (Scottish Act)
Part 6 MOBILE HOMES
s. 167 Particulars of site agreements to be given in advance
Version in force from: May 28, 2007 to present (version 1 of 1)
Terms in Context:
…PreambleArrangement of Act Overview Document General Materials 20070528 true Housing (Scotland) Act 2006 asp 1 (Scottish Act) Part 6 MOBILE HOMES s. 167 Particulars of site agreements to be given in advance 2006 asp 1 Part 6 s. 167 0 167 …
…of site agreements to be given in advanceFor section 1 (particulars of agreements between site owners and occupiers of mobile homes) of the Mobile Homes Act 1983 (c.34) (“the 1983 Act”) substitute— “1 Particulars of agreements: Scotland (1) This Act applies to any agreement under which a person (“the occupier”) is entitled— (a) to station a mobile home on land forming part of a protected site; and (b) to occupy the mobile home as the person’s only or main residence. (2) Before making an agreement to which this Act applies, the owner of …
…the parties;(b) includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land; (c) sets out the express terms to be contained in the agreement; (d …
…other requirements as may be prescribed by regulations made by the Scottish Ministers.(3) Where the owner is selling the mobile home to the proposed occupier, the written statement required by subsection (2) above must be given not later than 28 days…
50.
Smith (Edwin) v Secretary of State for Wales (Unreported, January 28, 1999) (QBD) (Case Comment)
Citation: J.P.L. 1999, Sep, B172
Subject: Planning
Keywords: Enforcement notices; Mobile homes; Time
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…Smith (Edwin) v Secretary of State for Wales (Unreported, January 28, 1999) (QBD)J.P.L. 1999, Sep, B172 Planning Enforcement notices Mobile homes Time Smith (Edwin) v Secretary of State for Wales (Unreported, January 28, 1999) (QBD) LJI0000291668 J.P.L. B172 B172 The applicant …
…the Inspector’s decision letter, he purchased the site at Stable View, Halt Road, Hirwaun Industrial Estate and there erected a mobile home. The County Borough Council served an enforcement notice, alleging that he had erected the mobile home without planning permission. The notice required him to remove the mobile home from the land, together with all building materials and rubble arising from that requirement. The periods given for compliance were…