News – Mobile home on agricultural land in breach of planning control

Mobile home on agricultural land in breach of planning control – failure to comply with enforcement notice requiring its removal (Case Comment)
Citation: Crim. L.R. 1992, Aug, 589-591
Subject: Planning
Keywords: Enforcement notices; Planning control; Prosecutions
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…LJI00000933651222 Case Comment CRIMLR Criminal Law Review 1992 Aug Mobile home on agricultural land in breach of planning control – failure to comply with enforcement notice requiring its removal Crim. L.R. 1992, Aug, 589 …
…589 (CA (Crim Div))LJI0000093365 Crim. L.R. 589 589 The appellant owned a paddock known as Twin Acres, the established use of which was agricultural. She made an application to the local planning authority to enable her to site a mobile home on Twin Acres. It was the policy of the local planning authority that permission would not normally be granted for residential development except within the confines of existing settlements or where there was an established agricultural need for such residential development. Nevertheless taking into account the appellant’s special circumstances at the time, namely that she had …
…April 15, 1986. It was subject to the condition that it would expire on April 22, 1987 and that the mobile home should be removed and the land reinstated to its former condition within 6 months of that date. To install the mobile home, the appellant had to construct a paved area, a drainage system and a small apron wall. She did not remove the mobile home or reinstate the land after the planning permission expired. Reminders were sent and finally on January 14, 1988 an enforcement …
…1) made the owner liable to conviction if steps required by an enforcement notice “… (other than the discontinuance of a use of land)…” had not been taken. The true purpose of the enforcement notice was, it was argued, to stop this land being used for residential purposes. Had the appellant removed the mobile home and then replaced it with another, she would have complied with the wording of the notice but would have been in breach of its true meaning, which was to end the residential use of Twin Acres. The appellant’s case, it was argued, fell within section 89(5) which dealt with the offence committed when land was used in contravention of an enforcement notice requiring the discontinuance of a use of land. The Crown argued that the enforcement notice required the appellant to take certain steps; she failed to do …
…on that evidence was guilty of the offence with which she was charged. She was not charged with continuing to use the land for residential purposes, nor did the enforcement notice require her to cease to use the land for residential purposes. That was the distinction between her case and R. v. Jefford and others [1986] J.L.P. 912, where the enforcement notice described the breach of planning control as “the use of the land for the siting of a caravan for residential purposes.” It might well be that, had she removed the mobile home within the period and replaced it with another, the prosecution could have been in difficulty in proceeding on the enforcement…
22.
R. (on the application of Marney) v Secretary of State for Transport, Environment and the Regions Queen’s Bench Division (Administrative Court), 04 February 2003
Subject: Planning
Keywords: Caravans; Mobile homes; Planning permission
Where Reported: [2003] EWHC 226 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript
Terms in Context:
…R. (on the application of Marney)Secretary of State for Transport, Environment and the Regions R. (ON THE APPLICATION …
…2003] EWHC 226 (Admin)UKEW England and Wales 04 February 2003 Sullivan, J. Sullivan J (c)Sweet & Maxwell Limited Planning Caravans Mobile homes Planning permission To access the full text of this judgment please use the link above. Summary material is being prepared and will be published as soon as possible. 20060525174229 20060525174229 20060525174229 20060525174229…
23.
Pugsley v Secretary of State for the Environment (Unreported, 1996) (QBD) (Case Comment)
Citation: J.P.L. 1996, Nov, B124
Subject: Planning
Keywords: Enforcement notices; Mobile homes
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…1996Nov Pugsley v Secretary of State for the Environment (Unreported, 1996) (QBD) J.P.L. 1996, Nov, B124 Planning Enforcement notices Mobile homes Pugsley v Secretary of State for the Environment (Unreported, 1996) (QBD) LJI0000205051 J.P.L. B124 B124 This is an appeal under …
…TCPA 1990 against a decision of the Inspector on an appeal from an enforcement notice alleging a material change of use without planning permission. A twin unit mobile home was sited and ancillary works had been carried out where only agricultural use was permitted. The site was at Birch Lane, Landkey, Barnstaple, Devon. The Inspector upheld the enforcement notice without making any …
…particular highway circumstances which obtained in relation to the locality. It is not part of the statutory definition that the mobile home structure is capable of being moved on to or off any particular site by the actual roads that will be used. This appeal succeeds on the ground that I have indicated and solely on that ground. The matter will be remitted…
24.
Newbury DC v Secretary of State for the Environment and Gore Court of Appeal (Civil Division), 16 March 1990
Subject: Planning
Keywords: Agricultural land; Change of use; Enforcement notices; Planning conditions; Planning inspectors; Statutory duties
Where Reported: (1991) 61 P. & C.R. 258; [1991] 06 E.G. 164; [1991] J.P.L. 555
Documents: Case Analysis  (1991) 61 P. & C.R. 258
Terms in Context:
…nearly five acres. A stable block stood on 0.4 acres of that land (OS 9744) and the remainder was used for grazing horses. On May 4, 1988, the appellant, Newbury District Council, served an enforcement on Mrs. Gore alleging a breach of planning control in that there had been a change of use of the land to mixed uses of agriculture, stationing a mobile home for residential purposes and stationing two touring-type caravans. Mrs. Gore appealed to the Secretary of State on the ground …
…whole of the appeal site. This alleged that there had been a breach of planning control, namely a change of use of the land to the mixed uses of: (i) agriculture; (ii) stationing a mobile home for residential purposes; (iii) stationing two touring-type caravans. 260 The notice required Mrs. Gore to cease to use the land for the stationing of the mobile home and the two touring-type caravans, and to remove them from the land. On May 20, 1988 Mrs. Gore appealed …
…most of OS 9744 by a dashed red line with the notations: “Where planning permission ought to be granted for mobile home and caravan,” and “The only land to which the Enforcement Notice is relevant.” In my view it is clear that Mrs. Gore’s agent was submitting on her behalf: (i) that she was seeking planning permission to retain the mobile home (which I shall call a caravan) and the two touring-type caravans on OS 9744, and (ii) that the five acres was used only for agriculture, that there had been no development on this land, and thus that it ought not to have been included in …
…notice should be quashed, and to grant planning permission in respect of the whole appeal site for: 261 the continued use of land … for a mixed use of agriculture, the stationing of a mobile home for residential purposes, and the stationing of two touring-type caravans, subject to the following conditions: 1. Not more than one mobile home shall be stationed on the land for residential purposes at any time, and not more than two touring-type caravans …
…to OS 9744, he submits, it would have been a breach of planning control for the five acres to be used for any purpose other than agriculture. Moreover, if the enforcement notice had been upheld in relation to the five acres, an attempt to use the five acres for any purpose other than agriculture would have been a breach of the enforcement notice for which the council could prosecute. In other words they .would not be required to serve a fresh enforcement notice in order to ensure that the five acres were not used for any unauthorised purpose. Mr. Steel submits that as a matter of law, where a course can be adopted which…
25.
Petter v Secretary of State for the Environment, Transport and the Regions Court of Appeal (Civil Division), 15 March 1999
Subject: Planning
Keywords: Mobile homes; Planning policy guidance; Smallholdings
Where Reported: (2000) 79 P. & C.R. 214; [1999] P.L.C.R. 322; [1999] E.G. 42 (C.S.)
Documents: Case Analysis  (2000) 79 P. & C.R. 214
Terms in Context:
…PetterSecretary of State for the Environment, Transport and the Regions (1) ARTHUR SIDNEY PETTER (2) MONICA MARY …
…Official15 March 1999 Nourse, L.J. Nourse LJ Buxton, L.J. Buxton LJ Sedley, L.J. Sedley LJ (c)Sweet & Maxwell Limited Planning Mobile homes Planning policy guidance Smallholdings planning permission agricultural land temporary permission for mobile home financial viability of small holding relevance of personal wishes In 1992, P sought planning permission for the erection of a mobile home on land he farmed as a small holding. Permission was originally refused but granted on appeal, for a temporary period of three years, subject to the condition that the mobile home be removed at the end of that period. It was accepted that the extent of the farm and the livestock …
…was refused by CDC, the local planning authority. An enforcement notice was served in 1996 requiring the removal of the mobile home. An appeal on both matters was heard and dismissed by an inspector in September 1997. The inspector referred to the lack of economic viability of the farm, holding that the net profits did not exceed the agricultural minimum wage. The inspector found that the farm was not “financially sound” within the meaning of the 1997 version of …
…the reason why financial soundness was material was to ensure that the permitted residential development was linked to the ongoing agricultural operation. The intention was to stop bogus or unrealistic applications and to ensure that the relevant agricultural activity would be continuing. In the instant case, the inspector erred in approaching the question of financial soundness on a …
…topics (May)J.P.L. 2005, May, 553-559 Assignment Constructive trusts Development plans Locus standi Oral contracts Planning applications Planning policy Agricultural need. P.E.L.B. 1999, Mar, 17-18 Agricultural land Mobile homes Planning permission 1999291247 723…
26.
R. v Collins Court of Appeal (Criminal Division), 24 March 1992
Subject: Planning
Keywords: Enforcement notices; Mobile homes; Offences; Planning control
Where Reported: [1992] Crim. L.R. 589
Documents: Case Analysis
Terms in Context:
…R.Collins R. V COLLINS [1992] Crim. L.R. 589 R. Collins R. V COLLINS CA (Crim Div) Court of Appeal (Criminal Division) UK United Kingdom 24 March 1992 (c)Sweet & Maxwell Limited Planning Mobile homes Planning control Enforcement notices Offences Enforcement notice failure to comply failure to discontinue use of land whether mutually exclusive offences C was granted planning permission to site a mobile home on certain land, the established use of which was agricultural. Permission was subject to expiry on April 22, 1987, and to a requirement that the home be removed and the …
…the basis that she had not taken the steps required by an enforcement notice(other than the discontinuance of a use of land) …” C claimed that any offence committed by her was under s.89(5), which dealt with contravention of an enforcement notice requiring discontinuance of a use of land. Held, dismissing C’s appeal, that the enforcement notice required C as owner of the land to take certain …
…steps. She was guilty under s.89(1) of failing to do so. She was not charged with continuing to use the land for residential purposes; nor did the enforcement notice require her to cease such use. There could be an offence under s.89(1) in some cases (such as this) where there was also an …
…1)(5)Town and Country Planning Act 1971, s.87 Town and Country Planning Act 1971, s.89(1)(5). Mobile home on agricultural land in breach of planning control – failure to comply with enforcement notice requiring its removal. Crim. L.R. 1992, Aug, 589…
27.
R. (on the application of Needham) v Secretary of State for Communities and Local Government and Herefordshire Council (Case Comment)
Citation: J.P.L. 2008, 7, 1045-1046
Subject: Planning
Keywords: Change of use; Enforcement notices; Farms; Material considerations; Mobile homes
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…v Secretary of State for Communities and Local Government and Herefordshire CouncilJ.P.L. 2008, 7, 1045-1046 Planning Change of use Enforcement notices Farms Material considerations Mobile homes R. (on the application of Needham) v Secretary of State for Communities and Local Government [2007] EWHC 2977 (Admin) (QBD (Admin)) LJI0000633593 J.P.L. 1046 1046 Mr Needham owned two farms, Gorsty and Church Farms, and another agricultural holding, some four miles away from those farms. He lived at Gorsty Farm, which included residential accommodation. From Gorsty Farm, he ran horse related businesses of foaling and the breeding of racing horses. The appellant wanted to use Church Farm for foaling. He therefore erected a mobile home on Church Farm for his staff, so that the grooming could take place there throughout the foaling period. The local …
…issued an enforcement notice under s.172 of the Town and Country Planning Act 1990. It alleged the change of use of Church Farm by the siting of the mobile home, and required cessation of the use of the mobile home for that purpose. The appellant appealed to the defendant Secretary of State under s.174 of the 1990 Act. He …
…check the horses on a daily basis. He contended that his business would cease to continue upon removal of the mobile home. The inspector, who heard the appeal concluded that Church Farm was not an entity on its own but part of …
…supervision. The absolutely central issue in the instant case was whether supervision could be provided after the removal of the mobile home. In all the circumstances, the reasoning of the inspector had been inadequate and the decision would be quashed. 3. Accordingly…
28.
Lomas v Secretary of State for the Environment and Wyre Forest DC (1995) 69 P. & C.R. 622 (QBD) (Case Comment)
Citation: J.P.L. 1995, May, B45
Subject: Planning
Keywords: Debts; Planning control; Profits
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…decision to dismiss an appeal against an ##ement notice issued by District Council. The notice alleged the siting of a mobile home on land ##rly part of Raikes Hall Farm) at Lancaster Avenue, Great Eccleston. After various sales of land the ##nts …
…five-and-a-half acres on which the only building was a steel framed barn. ##8 they started calf rearing, using the barn on the appeal site. They found it difficult to look after ##ves, travelling to and from the site and, so, at some time in 1992 they installed a mobile home on ##d. The Inspector found that the site was in open countryside where residential development ## be strictly controlled, although there is provision for an exception to be made where the ##modation is essential for the needs of agriculture. He accorded Policy 1.9 of the emerging local ##gnificant weight because that plan was at an advanced stage. It stated that, “development outside ##ettlements would not normally be allowed except (a) for the essential requirements of agriculture ##e factors included (a) the economic viability of the enterprise”. He said that if viability and ##ability was to be …
…reasonable not to grant planning permission having regard to the policies to which I ## referred. The Inspector was justified in using the “full-time worker” approach as a yardstick to ##re the sustainability of the enterprise. The appellants had a substantial…
29.
Eastaugh v Crisp Chancery Division, 12 July 2006
Subject: Real property
Keywords: Attestation; Deeds; Registered land; Sale of land; Seals; Title to land; Wills
Where Reported: [2006] EWHC 2298 (Ch); Official Transcript
Documents: Case Analysis  Official Transcript
Terms in Context:
…Chief Environmental Health Officer at Chiltern District Council requesting its approval, with regard to the closing order thereon, for his use of the subject farmhouse, i.e. Harry’s cottage, for: “… exclusively agricultural purposes, of storage of agricultural materials, small equipment and tools, chemicals, agricultural documents and records, and clothing and food in connection with my daily work on the associated farm.” There is absolutely …
…issued in respect of all of the red, blue and green land. The alleged breach of planning control was the use of the land “for the storage of motor vehicles, scrap metal, paper and timber.” The notice required (i) the cessation of such storage for non-agricultural purposes and (ii) the removal: “from the land shown edged red on the attached plan [of] motor vehicles, scrap metal, paper and timber unconnected with the agricultural use of the land.” This suggests that it appeared to the planning enforcement/control officer, or officers, responsible for preparing the …
…of the subject land, i.e. the whole of Three Gates Farm, was in common usage or occupation, and that its use was either actually, or at least potentially, agricultural. I do not think it safe to infer from the issue of this notice that the uses of which it complains had only recently commenced, let alone that the claimant had only just moved from the caravan adjacent to Edward’s cottage into the mobile home: (a) the uses complained of in the notice did not include reference to the mobile home or residence in it, which one might have expected, and (b) in any event, it by no means follows that commencement of the uses complained of would have occurred at the same time as, or immediately following, the claimant’s move from the caravan on plot 26 into the mobile home on field 28. Furthermore, the local planning authority seems thereafter to have let the matter drift, in that there is …
…something to that effect. Mr Crisp succeeded in making conversation, and the tone became more friendly. Mr Crisp offered a mobile home, which he had himself used while renovating his previous property, for sale, and either then or in a subsequent conversation, sold the claimant some bottles …
…made reference to any of the provisions of the scheme. I note in Halsbury’s Laws, 4th edition, volume 1(2), Agriculture (1990 Reissue) at para. 338, that the scheme itself prima facie includes requirements for obtaining the prior approval of set-aside arrangements, where land is subject to an agricultural tenancy. I decline on this limited evidence of fact, and absent any citation of the relevant statutory materials, to make the ruling which Mr Brett invited me to make in relation to field 30, namely that any use of the set-aside scheme by an agricultural tenant would necessarily involve breach of a good husbandry covenant. It is not necessary for me to do so in…
30.
Mellstrom v Secretary of State for the Environment, Transport and the Regions Queen’s Bench Division (Administrative Court), 13 November 2001
Subject: Planning; Agriculture
Where Reported: [2001] EWCA Civ 1146; [2001] 47 E.G. 147 (C.S.); Official Transcript
Documents: Case Analysis  Official Transcript
Terms in Context:
…Annex I, paragraph 5, which is in the following terms: “New permanent dwellings should only be allowed to support existing agricultural activities on well-established agricultural units, providing: (a) there is a clearly established existing functional need; (b) the need relates to a full-time worker, or one who is primarily employed in agriculture, and does not relate to a part-time requirement; (c) the unit and the agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are …
…have come to the conclusion that there is nothing in this particular point either.The next matter concerned the suggested use of a temporary mobile home. Mr Reed submitted that criterion (d) of paragraph 5 of Annex I requires alternative accommodation to be suitable and available. He argued that the Inspector had simply considered whether the mobile home was accommodation for these purposes and had not gone on to consider suitability. Mr Reed submitted that the Inspector should have considered why occupying a mobile home for a period of three to four months during the calving period amounted to suitable accommodation within paragraph 5. Accordingly …
…accommodation). Mr Brown submitted that criterion (d) comes into play if there is an accepted functional requirement, it cannot be used to determine whether such a functional need exists. Mr Brown’s submission, in effect, was that Mr Reed was confusing the two criteria. I agree with Mr Brown’s submission. Furthermore, I agree with his observation that the seasonal use of temporary mobile homes is common place in agriculture, as the claimant would have known very well. It appears that the claimant already has at least one employee who lives in a mobile home on the land in question. Mr Brown submitted that, in the circumstances of this case, the Inspector was under no obligation to explain why the temporary use of a mobile home was suitable, to do so would have been to state the obvious. Again, I am satisfied that there is nothing …

…I agree and find nothing of substance in this particular criticism.Mr Reed next criticised the Inspector’s reference to the use of technology as a possible alternative form of assistance. However, I agree with Mr Brown that the Inspector did not suggest that the use of technology could operate as a substitute during the limited period when it might be necessary to have both stockmen living on site, that need was to be met by the use of a mobile home as the Inspector clearly indicated. In my view, telephones and similar technology have self-evident uses in a farming enterprise of this type at all times, including and, in particular, times other than those where full …
…also not persuaded that it would be impossible to regain possession of Homefield Cottage from the sitting tenant through the use of certain arrangements under the Rent Act 1977 and the Agricultural Dwelling House Advisory Committee scheme. As evidenced by the recent land transfer regarding the site for the permitted dwelling, effective…