Balthasar v Mullane Court of Appeal (Civil Division)

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Balthasar v Mullane Court of Appeal (Civil Division)
19 July 1985
Case Analysis
Where Reported
(1985) 17 H.L.R. 561; 84 L.G.R. 55; (1986) 51 P. & C.R. 107; [1985] 2 E.G.L.R. 260; [1986] J.P.L. 751
Case Digest
Subject: Housing
Keywords: Caravans; Planning permission; Possession
Summary: Mobile home; protected site
Abstract: A "protected site" for the purposes of the Mobile Homes Act 1983 s. 1(2) means one where planning permission has been granted for one or more mobile homes to be set up upon it. D stationed their mobile home, a caravan, on part of P's land and occupied the caravan as their only residence. No planning permission had been granted for the stationing of the caravan. D occupied the site pursuant to a gratuitous and temporary permission granted by P. P later revoked their permission, and when D refused to move, obtained a county court order for possession. D appealed on the ground that their occupation of the caravan was protected by the Mobile Homes Act 1983 and that they were entitled to an agreement pursuant to the Act to continue to station their caravan there.

Held, dismissing the appeal that the words "protected site" for the purposes of section 1(2) of the Mobile Homes Act 1983 meant a site in respect of which planning permission had been granted for the stationing of one or more caravans thereon. Since no such permission had been granted in respect of this land, D did not qualify for protection under the Act and there were no grounds for upsetting the order for possession (Brice v National By-Products Ltd 81 L.G.R. 652 distinguished).
Judge: Neill, L.J.; Glidewell, L.J.
Significant Cases Cited
Brice v National By-Products Ltd
81 L.G.R. 652; (1983) 46 P. & C.R. 281; (1983) 127 S.J. 241; CA (Civ Div)
All Cases Cited
Brice v National By-Products Ltd
81 L.G.R. 652; (1983) 46 P. & C.R. 281; (1983) 127 S.J. 241; CA (Civ Div)
Key Cases Citing
Applied by
Adams v Watkins
(1990) 22 H.L.R. 107; (1990) 60 P. & C.R. 72; [1990] 2 E.G.L.R. 185; [1990] 30 E.G. 89; [1990] J.P.L. 657; CA (Civ Div)
All Cases Citing
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Mentioned by
Berkeley Leisure Group Ltd v Hampton
[2001] EWCA Civ 1474; [2001] 42 E.G. 137 (C.S.); [2001] N.P.C. 148; Official Transcript; CA (Civ Div)
Applied by
Adams v Watkins
(1990) 22 H.L.R. 107; (1990) 60 P. & C.R. 72; [1990] 2 E.G.L.R. 185; [1990] 30 E.G. 89; [1990] J.P.L. 657; CA (Civ Div)
Mentioned by
Adams v Brown
(1989) 86(46) L.S.G. 39; Official Transcript; CA (Civ Div)
Legislation Cited
Caravan Sites Act 1968 (c.52) Part .1
Caravan Sites Act 1968 (c.52) s.1
Caravan Sites Act 1968 (c.52) s.1(2)
Caravan Sites Act 1968 Part I
Caravan Sites and Control of Development Act 1960 (c.62) s.1
Caravan Sites and Control of Development Act 1960 (c.62) s.1(1)
Caravan Sites and Control of Development Act 1960 (c.62) s.2
Caravan Sites and Control of Development Act 1960 (c.62) s.3
Caravan Sites and Control of Development Act 1960 (c.62) s.3(3)
Caravan Sites and Control of Development Act 1960 (c.62) s.3(4)
Caravan Sites and Control of Development Act 1960 (c.62) s.6
Caravan Sites and Control of Development Act 1960 Part I
Mobile Homes Act 1983 (c.34)
Mobile Homes Act 1983 (c.34) s.1(2)
Mobile Homes Act 1975 (c.49)
Mobile Homes Act 1983 Part 1
Mobile Homes Act 1983 Part I
Mobile Homes Act 1983 Part I
Mobile Homes Act 1983 s.1
Mobile Homes Act 1983 (c.34) s.1
Mobile Homes Act 1983 s.1(1)
Mobile Homes Act 1983 (c.34) s.1(1)
Mobile Homes Act 1983 s.2
Mobile Homes Act 1983 (c.34) s.2
Mobile Homes Act 1983 s.5
Mobile Homes Act 1983 (c.34) s.5
Mobile Homes Act 1983 s.5(1)
Mobile Homes Act 1983 (c.34) s.5(1)
Town and Country Planning Act 1947
Town and Country Planning Act 1971