Limited Planning Mobile homes Planning policy guidance Smallholdings planning permission agricultural land

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R. (on the application of Needham) v Secretary of State for Communities and Local Government (Case Comment)
Citation: J.P.L. 2008, 10, 1516
Subject: Planning
Keywords: Change of use; Enforcement notices; Farms; Material considerations; Mobile homes
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...of State for Communities and Local GovernmentJ.P.L. 2008, 10, 1516 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 ...
...the breeding of racing horses. He wished for the foaling to take place at Church Farm. He thus erected a mobile home on Church Farm for his staff, and so that the grooming could take place there throughout the foaling period. 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. Mr Needham 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 Secretary of State transferred the authority to decide the appeal to an inspector. The inspector held an investigation. In ...
...supervision. The absolutely central issue in the instant case was whether supervision could be provided after the removal of the mobile home. 2. In all the circumstances, the reasoning of the inspector had been inadequate and the decision would be quashed. Accordingly...
92.
Enforcement (Case Comment)
Citation: P.E.L.B. 1999, Mar, 19-20
Subject: Planning; Civil procedure
Keywords: Enforcement notices; Immunities; Mobile homes; Time limits
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...PELBPlanning and Environmental Law Bulletin 1999 Mar Enforcement P.E.L.B. 1999, Mar, 19-20 Planning Civil procedure Enforcement notices Immunities Mobile homes Time limits Town and Country Planning Act 1990 s.171B (4)(b) Jarmain v Secretary of State for the Environment ...
...Jarmain[1999] E.G.C.S. 41; Queen's Bench Division, Judgment March 12, 1999 Welwyn Hatfield D.C. granted temporary planning permission for a mobile home. During the period covered by the temporary permission, the mobile home was converted into a structure. An application to renew the temporary permission was refused. Following the expiry of the temporary permission, the Council issued an enforcement notice on the basis that the retention of the mobile home at the site was in breach of condition. However the Council subsequently withdrew that notice and issued a second notice ...
...enforcement notice was issued more than four years after the substantia completion of the conversion of the P.E.L.B. 20 20 mobile home into a structure (but the first enforcement notice had been issued approximately three years after substantial completion). At appeal, the...
93.
Pettifogging and enforcement (Case Comment)
Citation: J.P.L. 2000, Jul, 664-665
Subject: Planning
Keywords: Enforcement notices; Immunities; Mobile homes; Time limits
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...JPLJournal of Planning & Environment Law 2000 Jul Pettifogging and enforcement J.P.L. 2000, Jul, 664-665 Planning Enforcement notices Immunities Mobile homes Time limits Town and Country Planning Act 1990 s.171B (4)(b) Jarmain v Secretary of State for the Environment ...
...attempt fails because of a technicality. The problem in Jarmain arose because two distinct actions had taken place. First a mobile home had been placed on the land: this amounted to a material change of use but had been authorised by a limited period permission. Second, following the substitution of another mobile home, this mobile home had been effectively dismantled and a building constructed around the parts of the mobile home. The LPA should in this situation have served an enforcement notice alleging that unauthorised building works had taken place. Instead because they were fooled into thinking that the mobile home was still in place, they served an enforcement notice alleging the breach of the condition attached to the temporary planning This interpretation makes good sense though the actual facts of the case were rather complicated in that if the second mobile home had been simply stationed on the site (as the planning authority believed) this would have amounted to a different actual...
94.
R. (on the application of New Forest DC) v Shutler (Case Comment)
Citation: J.P.L. 2006, Aug, 1206-1216
Subject: Planning
Keywords: Enforcement notices; Injunctions; Mobile homes; Personal circumstances
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...issued an enforcement notice requiring that the defendants cease the use of the land at Avonside Farm to station a mobile home there and that they remove the mobile home from the land. The defendants appealed. The Inspector dismissed the appeal but extended the period of compliance from three months ...
...ideal solution to the problems caused by Mr. Shutler senior's illness was for the younger couple to live in the mobile home or former mobile home. But that was an argument which could be applied to almost any elderly individual in poor health. The solution proposed ...
...notice requiring, amongst other things, that the defendants cease the use of the land at Avonside Farm to station a mobile home there and that they remove the mobile home from the land. The defendants appealed. 3. Following a three-day hearing, the Planning Inspector appointed by the Secretary of ...
...ideal solution to the problems caused by Mr Percival Shutler's illness is for the younger couple to live in the mobile home or former mobile home in order to be on the site when help was needed and also to provide a bolt hole for Evelyn...
...planning control in this s.187B injunction case. An appeal against an enforcement notice which required the removal of a mobile home had been dismissed. The mobile home was retained on the site in breach of the notice. When the Council threatened to use its powers under s.178 to remove the mobile home itself, Mr and Mrs Shutler temporarily removed the home and then returned it to the land, with a brick skirt...
95.
Hammond v Horsham DC Divisional Court, 26 April 1989
Subject: Planning; Legislation
Keywords: Caravans; Enforcement notices; Mobile homes
Where Reported: 88 L.G.R. 374; (1989) 58 P. & C.R. 410; [1989] C.O.D. 501; (1989) 153 J.P.N. 564; (1989) 153 L.G. Rev. 670; Independent, May 8, 1989
Documents: Case Analysis  (1989) 58 P. & C.R. 410  
Terms in Context:
...HammondHorsham DC HAMMOND V HORSHAM DISTRICT COUNCIL 88 L.G.R. 374 (1989) 58 P. & C.R. 410 [1989] C.O.D. 501 (1989 ...
...HORSHAM DISTRICT COUNCILDC Divisional Court UK United Kingdom 26 April 1989 (c)Sweet & Maxwell Limited Planning Legislation Caravans Enforcement notices Mobile homes Enforcement notice use of land as caravan site meaning of "caravan" It is erroneous to assume that the Caravan Sites ...
...that an enforcement notice under the 1971 Act had to be construed on its own wording. H bought a dismantled mobile home which he reassembled on some land he had acquired in Sussex. In its initial design the mobile home had been intended to come within the definition of caravan in s.13 of the 1968 Act, but it now exceeded the prescribed width by 2.4cm. H used the mobile home as a residence for himself and his family contrary to the terms of an enforcement notice. Held, quashing the fine ...
...words, without regard to the definition of "caravan" contained in the 1968 Act. The only live question was whether the mobile home could be regarded as a caravan in the ordinary use of that word. 20060628150217 20060628150217 20060628150217 20060628150217 20060628150217 20060628150217 20060628150217...
96.

Mobile Homes Act 1983 c. 34
Schedule 1 AGREEMENTS UNDER ACT
Part I TERMS IMPLIED BY ACT
Gift of mobile home
para. 9  
Version in force from: November 30, 2007 to present (version 5 of 5)
Terms in Context:
...PreambleArrangement of Act Overview Document General Materials 20071130 true Mobile Homes Act 1983 c. 34 Schedule 1 AGREEMENTS UNDER ACT Part I TERMS IMPLIED BY ACT Gift of mobile home para. 9 1983 c. 34 Schedule 1 Part I Gift of mobile home para. 9 4 Substituted in relation to Scotland subject to transitional provisions specified in 2006 asp 1 s.169(5 ...
...specified in 2006 asp 1 s.169(5) and (6))9. (1) The occupier shall be entitled to give the mobile home, and to assign the agreement, to a member of his family approved by the owner, whose approval shall not be ...
...sub-paragraph (1) of that paragraph.In relation to Wales: 9. (1) The occupier shall be entitled to give the mobile home, and to assign the agreement, to a member of his family approved by the owner, whose approval shall not be ...
...may not require any payment to be made (whether to himself or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1) above.In relation to England: 9. (1) The occupier shall be entitled to give the mobile home, and to assign the agreement, to a member of his family approved by the owner, whose approval shall not be...
97.
Enforcement notice - failure to comply - defence under s.179(3) of the 1990 Act - acquittal (Case Comment)
Citation: J.P.L. 2008, 9, 1343-1351
Subject: Planning; Criminal law
Keywords: Defences; Enforcement notices; Mobile homes; Non-compliance; Reasonable excuse
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...said that he had sought to comply with the enforcement notice by asking his neighbours if he could move his mobile home across their land, so as to remove it from the enforcement notice land, but they had refused. His own land was a strip of land without immediate access to a road. Consequently, he could not remove the mobile home from his land without dismantling it. He contended that he was not able to cease the use as such because ...
...this stage of a prosecution, for breach of a valid enforcement notice. He patently could have ceased living in the mobile home and required no one else's assistance to achieve that end. 5. Secondly, even if the charge for which the Respondent was prosecuted had related to removal of the mobile home itself by means of dismantling it, the hardship involved in so doing would not have been a relevant consideration at that stage. It was never suggested that the Respondent was unable to dismantle the mobile home and remove it, and that would be the issue, had that been the charge which he faced. 6. Consequently, all ...
...However, the Respondent had taken reasonable steps to secure compliance.(iii) Attempts were made by the Respondent to remove the mobile home from his land but neighbours refused access to their land, and the vehicle which was to remove the mobile home was unable to gain access to the Respondent's land via other means. (iv) It was not reasonable for the Respondent to dismantle his mobile home in order to comply with the notice.” 8. The justices also expressed the opinion that it was not reasonable for ...
...the respondent. They were persuaded that the defence was made out because he would not be able to reconstruct the mobile home after complying with the requirements of the notice. They also thought, says Ms Sheikh, that it was unreasonable for him to comply with the notice by merely ceasing to live in the mobile home, something that he was physically capable of, because he would still have no other home in which to live with ...
...this stage of a prosecution for breach of a valid enforcement notice. He patently could have ceased living in the mobile home and required no one else's assistance to achieve that end. J.P.L. 1351 1351 33. Secondly, even if the charge for which the respondent was prosecuted had related to removal of the mobile home itself by means of dismantling it, the hardship involved in so doing would not have been a relevant consideration at that stage. It was never suggested that the respondent was unable to dismantle the mobile home and remove it, and that would be the issue, had that been the charge which he faced. 34. Consequently, for...
98.
Ingram v Secretary of State for the Environment (Unreported) (QBD) (Case Comment)
Citation: J.P.L. 1995, Feb, B21-22
Subject: Planning
Keywords: Mobile homes; Planning permission; Renewal
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...Environment Law1995 Feb Ingram v Secretary of State for the Environment (Unreported) (QBD) J.P.L. 1995, Feb, B21-22 Planning Mobile homes Planning permission Renewal Ingram v Secretary of State for the Environment (Unreported) (QBD) LJI0000156375 J.P.L. B21 B21 This is an application under TCPA 1990, s. 288 by the occupier of the mobile home in question to quash the decision of the planning Inspector. The decisison refused on appeal an application for renewal of a planning permission to keep a mobile home on land at Siden Green Game Farm, Siden Green Lane, Maudlin, near Chichester. The Inspector considered that the principal issues in the appeal related to whether there is sufficient justification for the mobile home having regard to the restrictive policies J.P.L. B22 B22 relating to new dwellings in the countryside. The reason why the ...
...in two respects; the application of the functional test and on the facts concerning the incubator. The conclusion that the mobile home was not justified by agricultural need cannot be upheld, and the decision letter will be quashed...
99.
Mendip DC v Secretary of State for the Environment, Transport and the Regions (Unreported, June 3, 1999) (QBD) (Case Comment)
Citation: J.P.L. 2000, Jan, B7
Subject: Planning
Keywords: Development plans; Gypsies; Mobile homes; Planning permission
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...for the Environment, Transport and the Regions (Unreported, June 3, 1999) (QBD)J.P.L. 2000, Jan, B7 Planning Development plans Gypsies Mobile homes Planning permission Mendip DC v Secretary of State for the Environment, Transport and the Regions (Unreported, June 3, 1999) (QBD) LJI0000300905 J.P.L. B7 B7 The 2nd and 3rd respondents were gypsies who had a mobile home on their land. The applicant local planning authority refused planning permission for the retention of the mobile home at Fox's Drove, Standerwick, near Frome, Somerset. They held that the proposal was contrary to the local development plan. The Inspector allowed an appeal by Mr and Mrs Sherred by letter dated December 4, 1998. He found that the mobile home harmed the character and appearance of the area and would prejudice highway safety but there were material considerations, which would...
100.
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

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 ...
...a day to ensure the proper operation of the farm. In his decision letter granting the temporary permission for the mobile home, the inspector referred to the viability test set out in PPG7 para.E9 and doubted, in view of P's profits and ...
...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 ...
...trustsDevelopment 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...