Carter v Secretary of State for the Environment Court of Appeal (Civil Division)

111-mobilehome-logcabins

Carter v Secretary of State for the Environment
Court of Appeal (Civil Division)
14 March 1994

Where Reported
[1994] 1 W.L.R. 1212; 92 L.G.R. 473; [1994] 29 E.G. 124; [1994] E.G. 58 (C.S.); Times, April 6, 1994; Independent, April 4, 1994
Case Digest

Summary: Caravan; panels bolted together on a concrete base; whether a caravan; statutory interpretation
Abstract: A mobile home consisting of four units bolted together is not a caravan. C had permission to site a caravan for human habitation on their small-holding. This they replaced with a mobile home, built from four units which were bolted together, resting on a concrete base. The mobile home had no wheels or subframe. Planning permission to retain it was refused, and the case was remitted to the High Court to determine whether the structure was a caravan. The Secretary of State decided it was not, and C appealed.

Held, that the Secretary of State was entitled to find within the terms of the Caravan Sites and Control of Development Act 1960 s.29(1), that the mobile home was not a caravan, as it did not possess the quality of mobility, and could not have been towed away by a trailer or single vehicle.
Judge: Sir Stephen Brown; Russell, L.J.; Roch, L.J.
Counsel: For C: John Hobson. For Secretary of State: Alice Robinson.
Solicitor: For C: Loodes (Truro). For Secretary of State: Treasury Solicitor.
All Cases Cited
Sort by:
Wyre Forest DC v Secretary of State for the Environment and Allen's Caravans (Estates)
[1990] 2 A.C. 357; [1990] 2 W.L.R. 517; [1990] 1 All E.R. 780; (1990) 60 P. & C.R. 195; [1990] 2 P.L.R. 95; HL
Barvis v Secretary of State for the Environment
(1971) 22 P. & C.R. 710; QBD
Key Cases Citing
Followed by
R. (on the application of Green) v First Secretary of State
[2005] EWHC 691 (Admin); Official Transcript; QBD (Admin)
Considered by
Odina v Mackland Ltd
Unreported, May 27, 2009; CC (Central London)
All Cases Citing
Sort by:
Considered by
Odina v Mackland Ltd
Unreported, May 27, 2009; CC (Central London)
Mentioned by
Brightlingsea Haven Ltd v Morris
[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript; QBD
Mentioned by
R. (on the application of Green) v First Secretary of State
[2005] EWCA Civ 1727; [2006] J.P.L. 1185; Official Transcript; CA (Civ Div)
Followed by
R. (on the application of Green) v First Secretary of State
[2005] EWHC 691 (Admin); Official Transcript; QBD (Admin)
Mentioned by
Howard v Charlton
[2002] EWCA Civ 1086; [2003] 1 P. & C.R. 21; [2002] 3 E.G.L.R. 65; [2002] 39 E.G. 150; [2002] 31 E.G. 98 (C.S.); (2002) 99(37) L.S.G. 38; (2002) 146 S.J.L.B. 201; [2002] N.P.C. 104; Times, August 19, 2002; Official Transcript; CA (Civ Div)
Legislation Cited
Caravan Sites and Control of Development Act 1960 (c.62) s.52
Caravan Sites and Control of Development Act 1960 (c.62) s.29
Caravan Sites and Control of Development Act 1960 (c.62) s.29(1)
Planning and Compensation Act 1991 (c.34)
Town and Country Planning Act 1990 (c.8) s.177
Town and Country Planning Act 1990 (c.8) s.288
Town and Country Planning Act 1990 (c.8) s.289
Town and Country Planning Act 1971 s.246
Journal Articles
Caravan Sites and Control of Development Act 1960, s.29 - caravan - established use certificate - replaced by mobile home - four prefabricated sections bolted together - positioned on concrete blocks.
Planning control; Statutory interpretation.
J.P.L. 1995, Apr, 311-317
Caravan defined - again.
Caravans; Planning control; Statutory interpretation.
L.G. and L. 1994, 4(5), 12
When is a caravan not a caravan?
Caravans; Planning control; Statutory interpretation.
L.G.C. 1994, Oct 28, 24