News – Caravan sites; Housing; Mobile homes; Planning permission; Security of tenure

Berkeley Leisure Group Ltd v Hampton Court of Appeal (Civil Division), 05 October 2001
Subject: Real property
Keywords: Caravans; Caravan sites; Housing; Mobile homes; Planning permission; Security of tenure
Where Reported: [2001] EWCA Civ 1474; [2001] 42 E.G. 137 (C.S.); [2001] N.P.C. 148; Official Transcript
Documents: Case Analysis  Official Transcript
Terms in Context:
…Berkeley Leisure Group LtdHampton BERKELEY LEISURE GROUP LTD V FREDERICK ROY HAMPTON [2001] EWCA Civ 1474 [2001 …
…Gibson, L.J.Gibson, Peter, LJ Robert Walker, L.J. Walker, Robert, LJ (c)Sweet & Maxwell Limited Real property Caravan sites Caravans Housing Mobile homes Planning permission Security of tenure The general approach of determining whether an individual caravan dweller was “protected” in terms of the Caravan Sites Act 1968 s.1(2) and the Mobile Homes Act 1983 s.1(1) required consideration of individual circumstances even if there were neighbours with protection on the same …
…1)Caravan Sites and Control of Development Act 1960 (c.62) s.9 Interpretation Act 1978 (c.30) s.6 Mobile Homes Act 1983 (c.34) Mobile Homes Act 1983 (c.34) Sch.1 para.3 Mobile Homes Act 1983 (c.34) Sch.1 para.4 Caravan Sites and Control of Development Act 1960 (c.62) s.1(1) Mobile Homes Act 1983 (c.34) s.1(1) Mobile Homes Act 1983 (c.34) s.1(1)(a) Mobile Homes Act 1983 (c.34) s.2(1) Mobile Homes Act 1983 (c.34) Sch.1 Mobile Homes Act 1983 (c.34) s.3(3) Mobile Homes Act 1983 (c.34) s.3(4) Caravan Sites and Control of Development Act 1960 (c.62) s.5 Mobile Homes Act 1983 (c.34) s.5 Mobile Homes Act 1975 (c.49) Part 1 Protection from Eviction Act 1977 (c.43) Public Health Act 1936 (c.49) Rent …
…Part 7Town and Country Planning Act 1990 (c.8) s.106 Planning. J.L.G.L. 2002, 5(1), D8 Caravan sites Mobile homes Security of tenure 2001509677 723…
32.
Enforcement (Case Comment)
Citation: P.E.L.B. 1997, Sep, 57
Subject: Planning; Civil procedure
Keywords: Enforcement notices; Estoppel; Limitations; Mobile homes
Documents: Full Text Article  Legal Journals Index Abstract

Terms in Context:
…PELBPlanning and Environmental Law Bulletin 1997 Sep Enforcement P.E.L.B. 1997, Sep, 57 Planning Civil procedure Enforcement notices Estoppel Limitations Mobile homes Hammond v Secretary of State for the Environment Times, February 20, 1997 (CA) LJI0000231043 P.E.L.B. 57 57 The Council served an enforcement notice against the retention of a mobile home on land in Essex. In appealing against that notice the appellant contended that the mobile home could be lawfully retained on the land, by virtue of having been there in breach of planning control for over …
…enforcement action which gave rise to the current appeal) the appellant had succeeded in establishing that the retention of the mobile home on the land was at the relevant date lawful because it was at that time occupied in conjunction with the…
…notice in the current proceedings on 23 July 1992, the ten-year rule would not render the retention of the mobile home lawful. An amendment made by the inspector (whereby he corrected the enforcement notice to read ‘the stationing of a mobile home for the purpose of human habitation’) had been lawfully made on the basis that to do so did not cause …
…private individual. The appellant was the victim of his own success; in having previously established that the use of the mobile home was lawful he could not subsequently argue to the contrary with a view to establishing ten years of unlawful use…
33.
Runnymede BC v Secretary of State for the Environment Queen’s Bench Division, 28 February 1991
Subject: Planning
Keywords: Caravan sites; Green belt; Gypsies; Mobile homes; Planning permission
Where Reported: [1992] J.P.L. 178
Documents: Case Analysis
Terms in Context:
…Runnymede BCSecretary of State for the Environment RUNNYMEDE BC V SECRETARY OF STATE FOR THE ENVIRONMENT [1992] J.P.L …
…United Kingdom28 February 1991 Lionel Read Q.C. Read, Lionel, QC (c)Sweet & Maxwell Limited Planning Caravan sites Green belt Gypsies Mobile homes Planning permission Green Belt permission to retain mobile home gypsy site whether definition of gypsy status a question of law An inspector granted permission for S to retain a mobile home within Green Belt land. S had been identified as a gypsy according to the Caravan Sites Act 1968 s.16 …
…Act, and also that a person’s gypsy status could change from time to time. It was also observed that one mobile home could constitute a gypsy site for the purposes of Circular 28/77. 20060525173717 20060525173717 20060525173717 20060628150432 20060628150432 20060628150432 20060525173717 20060525173717 …
…171Caravan sites Gypsies Planning permission Caravans and gipsies. P.E.L.B. 1992, 2(1), 3-4 Caravan sites Green belt Gypsies Mobile homes Planning permission Green Belt – mobile home – gipsy status. J.P.L. 1992, Feb, 178-180 Caravan sites Green belt Gypsies Mobile homes Planning permission 1992234986 724…
34.
West Lothian DC v Morrison Court of Session (Inner House, Second Division), 09 December 1986
Subject: Landlord and tenant
Keywords: Mobile homes; Notice to quit; Scotland
Where Reported: 1987 S.L.T. 361
Documents: Case Analysis  1987 S.L.T. 361
Terms in Context:
…West Lothian DCMorrison WEST LOTHIAN DC V MORRISON 1987 S.L.T. 361 West Lothian DC Morrison WEST …
…Lord Ross L.J.C.Ross, Lord, LJC Lord McDonald McDonald, Lord Lord Robertson Robertson, Lord (c)Sweet & Maxwell Limited Landlord and tenant Mobile homes Notice to quit Scotland Mobile homes notice to quit whether statutory “occupiers” A family of travelling showmen occupied a show ground as tenants of the local …
…notices to quit. The tenants refused to remove, on the ground that they were protected tenants in terms of the Mobile Homes Act 1983 s.1(1) The sheriff and sheriff principal dismissed an action by the local authority to recover possession. The authority appealed. Held, (1) that the lease was an agreement to which s.1(1) of the Mobile Homes Act 1983 applied; (2) that the tenants occupied their homes as their only or main residences, and (3) that the …
…Control of Development Act 1960 (c.62) PartCaravan Sites and Control of Development Act 1960 (c.62) s.1 Mobile Homes Act 1983 (c.34) s.1 Mobile Homes Act 1983 (c.34) s.1(1) Mobile Homes Act 1983 (c.34) s.1(2) Mobile Homes Act 1983 (c.34) s.2 Mobile Homes Act 1983 (c.34) s.5 Sheriff Courts (Scotland) Act 1971 (c.58) s.38 1986267284 723…
35.
Ford v Morrison County Court (Milton Keynes), 02 May 1997
Subject: Real property; Landlord and tenant
Keywords: Employment; Mobile homes; Service occupancies
Where Reported: [1997] C.L.Y. 4245
Documents: Case Analysis
Terms in Context:
…FordMorrison FORD V MORRISON [1997] C.L.Y. 4245 Ford Morrison UNREPORTED FORD V MORRISON CC (Milton Keynes) County Court …

…UKEWEngland and Wales 02 May 1997 Judge Meyer Meyer, HHJ (c)Sweet & Maxwell Limited Real property Landlord and tenant Employment Mobile homes Service occupancies mobile homes occupied by service occupier as part of employment occupation not protected by Mobile Homes Act 1983 F was engaged by M to act as the site manager on M’s mobile home park. As part of the remuneration for F’s services M agreed to provide F with a pitch on which F would be entitled to station and live in his own mobile home. M purported to determine F’s employment and sought possession of the pitch which F occupied. F asserted he was an occupier within the Mobile Homes Act 1983 s.1(1) , and his right of occupation could only be determined by the procedure set out in …
…Northern Ireland v Fermanagh Protestant Board of Education [1969] 1 W.L.R. 1708 applied, and that a service occupier of a mobile home did not fall within s.1(1) of the 1983 Act, and (3) where the contract of employment was determined, whether or not in breach of contract, the right to occupy the mobile home ended as well, Ivory v Palmer Ivory v Palmer [1975] I.C.R. 340 applied. M was therefore entitled to an order …
…133 J.P. 637; [1969] R.A. 475; (1969) 113 S.J. 875Ivory v Palmer [1975] I.C.R. 340; (1975) 119 S.J. 405 Mobile Homes Act 1983 (c.34) s.1(1) 1997257256 725…
36.
Immobile homes – recent cases
Citation: N.L.J. 1986, 136(6285), 1203-1205
Subject: Planning; Hospitality and leisure
Keywords: Caravan sites; Mobile homes
Documents: Legal Journals Index Abstract
Terms in Context:
…homes – recent cases.H.W. Wilkinson N.L.J. 1986, 136(6285), 1203-1205 New Law Journal Planning Hospitality and leisure Caravan sites Mobile homes Mobile Homes Act 1983 Brice v National By-Products Ltd (Unreported) (CA) Balthasar v Mullane (1986) 17 H.L.R. 561 (CA…
37.
Rolling home
Citation: Adviser 1998, 67, 6-9
Subject: Planning
Keywords: Caravan sites; Mobile homes
Documents: Legal Journals Index Abstract
Terms in Context:
…000000679993Legal Journals Index 1072 Article – Journal Rolling home. Sarah Credland Adviser 1998, 67, 6-9 Adviser Planning Caravan sites Mobile homes Legal protection offered to mobile home owners on protected sites, termination of agreement by site owner, possession orders, selling or moving homes and dealing with disputes…
38.
Fareham BC v Secretary of State for the Environment, Transport and the Regions Queen’s Bench Division (Administrative Court), 05 June 2001
Subject: Planning
Keywords: Houses; Mobile homes; Planning permission
Where Reported: [2001] EWHC Admin 462; [2002] P.L.C.R. 8; (2001) 98(25) L.S.G. 48; Official Transcript
Documents: Case Analysis  [2002] P.L.C.R. 8  Official Transcript
Terms in Context:
…Fareham BCSecretary of State for the Environment, Transport and the Regions FAREHAM BOROUGH COUNCIL V SECRETARY OF STATE …

…Admin 462UKEW England and Wales 05 June 2001 Sir Oliver Popplewell Popplewell, Sir Oliver (c)Sweet & Maxwell Limited Planning Houses Mobile homes Planning permission planning permission mobile homes replacement by permanent dwelling house FBC challenged the decision of a planning inspector granting planning permission for the erection of a dwelling house in replacement of a mobile home. The mobile home had under building, plumbing and was connected to a cesspit. The local planning policy stated that permission for domestic dwellings …
…in the countryside would only be granted where an “existing permanent dwelling house” would be replaced. FBC argued that the mobile home, which had lawfully stood on the site for 14 years, did not meet that requirement. Moreover, it was submitted that the inspector had made an error of fact in his determination. A mobile home which had been in lawful residential use for 14 years fulfilled planning policy requirements of an existing permanent dwelling house …
…allowing the application and quashing the decision, that (1) the inspector had been entitled to reach his conclusion that a mobile home came within the definition of a permanent dwelling house. Having regard to the surrounding circumstances, there was an existing residential …
…273Town and Country Planning Act 1990 (c.8) s.78 Planning. J.L.G.L. 2001, 4(5), D87 Green belt Houses Mobile homes Planning permission 2001426677 724…
39.
Enforcement (Case Comment)
Citation: P.E.L.B. 1991, 1(3), 17-18
Subject: Planning; Real property
Keywords: Change of use; Enforcement notices; Variation
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…horses. The notice alleged a material change of use to a combination of agriculture plus the stationing of a residential mobile home and two touring caravans and required the cessation of the use of the mobile home and caravans and their removal. The second respondent appealed against the notice only on the grounds that planning permission ought …
…should be split — the largest part was used only for agriculture (ie the grazing of horses) and the caravans and mobile home were stationed upon the remaining 0.4 acres of land, OS 9744. She sought planning permission to retain the caravans and mobile home on OS 9744, but claimed that the remainder of the site should be excluded from the notice. The inspector allowed …
…of the whole site for its continued use for the mixed uses specified, on condition that no more than one mobile home for residential purposes and no more than two touring caravans should be stored at any one time and that within three months a scheme for the siting of the mobile home and caravans should be submitted to the local planning authority.The present action was brought by the District Council under …
…LJ, Parker LJ and Glidewell LJ): the Council’s appeal should be allowed. Once the inspector formed the view that the mobile home and cara P.E.L.B. 18 18 vans could remain if restricted to OS 9744 he had three options: (1) To vary…
40.
Enforcement (Case Comment)
Citation: P.E.L.B. 1996, 6(2), 10-11
Subject: Planning; Civil procedure
Keywords: Change of use; Enforcement notices; Immunities; Time limits; Variation
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:

…for the Environment Ex p. Hammond [1996] J.P.L. 497 (QBD)LJI0000195993 P.E.L.B. 10 10 In 1982 Mr Hammond erected a mobile home on land at Mayland in Essex. In 1984 he started to build a bungalow, and the mobile home was used by people in connection with the building of the bungalow. In 1985 (or 1986) when the bungalow was completed, the mobile home began to be used simply as a home again. Miss Hammond occupied the mobile home from then on. Although planning permission had been given for the construction of a residential building on the bungalow site …
…had been granted. The Council served an enforcement notice on 23 July 1992 in respect of the stationing of the mobile home. That notice was served on Mr Hammond but not on Miss Hammond. Mr Hammond appealed. At Inquiry the Inspector amended …
…of human habitation’ so that it defined the breach of planning control as ‘without planning permission the stationing of a mobile home for the purpose of human habitation’.Mr Hammond appealed against the enforcement notice. That appeal failed. Mr Hammond and Miss Hammond applied to the High Court on the ground, P.E.L.B. 11 11 inter alia , that the use of the mobile home was immune from enforcement action at the time at which the notice was served. Held (by Dyson J): the applications failed. There were three relevant breaches of planning control. First, the stationing of the mobile home on the land in 1982. Secondly, the use of the mobile home in connection with the building of the bungalow (since the right to use land as a caravan site adjoining land …
…here because the building operations involved in constructing the bungalow were unlawful in planning terms). Thirdly, the use of the mobile home as a home from 1985 or 1986 onwards. Each of these was a material change of use. It followed that by s 172 of TCPA 1990 ie, in this case, not served on Miss Hammond as the occupier of the mobile home, but in this case he apparently omitted to do so…