Mobile homes Planning permission Caravan established use certificate for residential caravan

112-mobilehome-logcabin-kithomes

Lomas v Secretary of State for the Environment and Wyre Forest DC Queen's Bench Division, 1

5 November 1994
Subject: Planning
Keywords: Enforcement notices; Farming; Planning permission; Profits
Where Reported: (1995) 69 P. & C.R. 622; [1996] 2 P.L.R. 1; [1996] J.P.L. 237; [1994] E.G. 186 (C.S.)
Documents: Case Analysis  (1995) 69 P. & C.R. 622  
Terms in Context:
...ProfitsL started a calf rearing enterprise on land which was previously part of a larger holding. He installed a mobile home on the site to facilitate full time working but this was made the subject of an enforcement notice by the ...
...debt burden which the inspector deducted from the estimated profit, leaving a sum amounting to less than half the minimum agricultural wage. L appealed under the Town and Country Planning Act 1990 s.289 Held, allowing the appeal and quashing the ...
...E.G. 217 (C.S.); [1993] N.P.C. 167; Times, January 5, 1994Town and Country Planning Act 1990 (c.8) s.289 Mobile home - agricultural land - enforcement notice. J.P.L. 1996, Mar, 237-242 Mobile homes Planning permission Profits Agricultural need P.E.L.B. 1995, 5(4), 28, Debts Planning control Profits 1994262622 724...
32.
Carter v Secretary of State for the Environment 01 January 1991
Subject: Planning
Keywords: Caravans; Established use; Mobile homes; Planning permission
Where Reported: [1991] J.P.L. 131
Documents: Case Analysis  
Terms in Context:
...CarterSecretary of State for the Environment CARTER V SECRETARY OF STATE FOR THE ENVIRONMENT [1991] J.P.L. 131 Carter ...
...OF STATE FOR THE ENVIRONMENT01 January 1991 Lionel Read Q.C. Read, Lionel, QC (c)Sweet & Maxwell Limited Planning Caravans Established use Mobile homes Planning permission Caravan established use certificate for residential caravan replaced with mobile home temporary planning permission granted whether inspector had erred in definition of caravan An established use certificate governed the siting of a residential caravan on a small holding. A's replaced the caravan with a mobile home. The local council granted planning permission for five years for this, subject to a s.52 agreement to take down the structure and relinquish established use rights. An application was refused in June 1988 for the erection of a single dwelling-house as it contravened a policy against new isolated homes in rural areas which were not required for agricultural purposes. An enforcement notice relating to the erection of a timber building for human habitation on the site was issued ...
...As appealed to the High Court under the Planning Act 1971 s.246 Held, after discussion as to whether the mobile home did or did not constitute a caravan within the Caravan Sites and Control of Development Act 1960 s.29(1) , and whether the assembling and cementing together of the concrete blocks upon which the mobile home stood constituted integral operations to the erection of a building, that the inspector fell into error for two reasons: (a ...
...considered the distinction between operations involved in the moving and cementing of the concrete blocks, and the stationing of the mobile home on those blocks. The matter was sent back to the Secretary of State for redetermination. 20060628150122 20060628150122 20060628150122 20060628150122 20060628150122 ...
...of Development Act 1960 (c.62) s.29(1)Planning Act 1971 s.246 Planning Act 1971 s.52 Caravan - mobile home - definition of development - established use certificate. J.P.L. 1991, Feb, 131-137 Caravans Development Mobile homes Planning permission 1991222036 725...
33.
King's Lynn and West Norfolk Council v Smith Queen's Bench Division, 23 October 2009
Subject: Planning; Local government
Keywords: Agricultural land; Caravans; Gypsies; Injunctions; Planning control; Residential development; Traveller sites
Where Reported: [2009] EWHC 2615 (QB); [2009] N.P.C. 123; Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...Official23 October 2009 Cooke, J. Cooke J Planning Local government Residential development Caravans Gypsies Injunctions Planning control Traveller sites Agricultural land Planning control Gypsies Residential occupation of agricultural land Occupation in breach of injunction prohibiting residential occupation Appropriateness of variation or discharge of injunction The applicant gypsies (S) applied for the variation or discharge of an injunction obtained by the respondent local authority prohibiting the use of designated agricultural land for the siting of residential mobile homes or caravans, or for residential purposes. The local authority had displayed copies of the injunction on the land in anticipation ...
...occupation had been granted for one year, which was personal to the seller, and in exceptional circumstances relating to an agricultural venture. At the instant hearing, the local authority adduced evidence that there was adequate provision for gypsy and traveller pitches ...
...alternative sites were available. The Environment Agency had objected to S's planning application because the development was considered an inappropriate use of land situated in a flood risk zone. S were both single mothers. One was pregnant, and required injections during ...
...success on appeal, it would be disproportionate to evict them.An application to vary or discharge an injunction prohibiting the use of designated agricultural land for residential occupation was refused in circumstances where gypsy families were found to have taken up residential occupation in ...
...the land unsuitable, and the local authority and a planning inspector would start from the basis that it was designated agricultural land in an area where there was adequate provision for gypsies and travellers on other sites, and therefore no necessary reason to allow a change of use. As regards the personal circumstances relied on by S, the children did not have special needs and there was no...
34.
Mid Suffolk DC v Upton Queen's Bench Division, 13 September 2007
Subject: Planning; Civil procedure
Keywords: Circulars; Gypsies; Injunctions; Planning control; Planning permission; Traveller sites
Where Reported: [2007] EWHC 2296 (QB); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...he had spoken previously, and various other local residents, that it was believed that the site was intended to be used to station mobile homes or caravans. Mr. Stathers was aware of the previous planning history of the site, to which I shall come, and ...
...I am unable to find any changed circumstances since the 1986 appeal decision with regard to the relationship of the mobile home to the conservation area boundary that enables the former to be retained. As a consequence, I conclude that the use of the site for the stationing of a mobile home in the countryside for a gypsy family close to the boundary with the Wattisfield conservation area harms the character and ...
...both the appeals referred to him. In 1996 application was made to the Council for planning permission to retain a mobile home for agricultural use on the site. The Council refused permission and there was an appeal. The determination of the appeal was referred to ...
...from harmful development on adjoining land. The land lies in close proximity to the Wattisfield conservation area and such a use of land would not, in my opinion, preserve or enhance the character of that conservation area. 12. I am aware that the past appeal decisions concerning caravans and mobile homes at the land have previously concluded that the site was unsuitable for caravans or mobile homes having regard to countryside protection and conservation issues. I understand that the courts have backed enforcement action to clear the land of caravans and mobile homes by granting an injunction in 1998. 13. Whilst any new planning application must be judged on its own merits, I ...
...the conservation area and is therefore unacceptable. In 1997 the inspector commenting on an appeal concerning the retention of a mobile home for agricultural use said: ‘Having considered the nature of the immediate surroundings, in my judgment the mobile home and the associated domestic curtilage causes harm to the character and appearance of the setting of the attractive village contained within the conservation area.’ 12. I do not consider that the impact of a gypsy caravan site use even with landscaping measures would preserve or enhance the Wattisfield conservation area. Having regard to the consistent conclusions of previous...
35.
R. (on the application of Brightwell) v Secretary of State for Transport, Local Government and the Regions Queen's Bench Division (Administrative Court), 14 October 2002
Subject: Planning
Keywords: Agricultural workers; Houses; Outbuildings; Planning policy; Rural areas
Where Reported: [2002] EWHC 2154 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...Court)[2002] EWHC 2154 (Admin) UKEW England and Wales 14 October 2002 Sullivan, J. Sullivan J (c)Sweet & Maxwell Limited Planning Agricultural workers Houses Outbuildings Planning policy Rural areas rural areas planning policy conversion of stables into residential dwelling agricultural need B challenged a planning inspector's decision to dismiss B's appeal against the refusal of planning permission for the conversion ...
...issue had rested on, having regard to the policies on housing development in the countryside, whether there was an essential agricultural need for the dwelling. B ran a pig rearing business and lived on the site in a mobile home and had done so for eight years. He submitted that the inspector had failed to assess whether or not there ...
...namely the reduction in the number of pigs on the site.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. Held, refusing the application...
36.
Delaney v Secretary of State for the Environment, Transport and the Regions (Unreported, January 29, 1999) (QBD) (Case Comment)
Citation: J.P.L. 1999, Jul, B145-146
Subject: Planning; Hospitality and leisure; Human rights
Keywords: Caravan sites; Green belt; Gypsies; Planning permission; Unitary development plans
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...Unreported, January 29, 1999) (QBD)LJI0000285790 J.P.L. B145 B145 The Council refused to grant planning permission for the change of use from disused agricultural land to residential use and for siting of four mobile homes at land adjacent to the pumping station at Salt Box Hill, Biggin Hill in Kent. The site is situated a short distance from Biggin Hill Airport and is located in rolling countryside primarily in agricultural use. The Inspector heard an appeal against the refusal of planning permission. She found that the main issue in the appeal ...
...will not be given, except in very special circumstances, for the construction of new buildings or for the change of use of existing buildings. Policy G12 stated that within Areas of Special Landscape Character, the Council will seek to conserve, improve provided that, “whilst gypsy sites might be acceptable in some rural locations, the granting of permission must be consistent with agricultural, archaeological, countryside, environmental and Green Belt policies … The aim should always be to secure provision appropriate to gypsies' accommodation needs...
37.
Chelmsford B.C. v Secretary of State for the Environment (Unreported) (QBD) (Case Comment)
Citation: J.P.L. 1995, Apr, B35
Subject: Planning; Agriculture
Keywords: Agricultural holdings; Green belt; Local plans; Mobile homes; Planning permission
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...LJI00001613731218 Case Comment JPL Journal of Planning & Environment Law 1995 Apr Chelmsford B.C. v Secretary of State for the Environment (Unreported) (QBD) J.P.L. 1995, Apr, B35 Planning Agriculture Agricultural holdings Green belt Local plans Mobile homes Planning permission Chelmsford B.C. v Secretary of State for the Environment (Unreported) (QBD) LJI0000161373 J.P.L. B35 B35 The second respondent applied for planning permission to retain a double unit mobile home for agricultural occupation (appeal 1) and retain a turkey preparation and storage building including proposed extension to plucking room (appeal 2), both ...
...Green Belt. Held, the Inspector applied PPG 7. He found that Policy 56 of the local plan (imposing restrictions on mobile homes for agricultural workers) would have applied if it had been a new proposal but as it was well established that policy was ...
...careful consideration of the implications of the decision and, read as a whole, appeal no. 1 in relation to the mobile home must fail. On the second appeal, the Inspector found that the appellant was right in stating that the new building was provided for the purposes of agriculture. It followed that it was appropriate being one of the excepted categories of Green Belt development. The Inspector was right...
38.
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:
...the application of Needham) v Secretary 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 (Admin)) LJI0000648551 J.P.L. 1516 1516 Mr Needham owned two farms, Gorsty and Church Farm, and another agricultural holding, some four miles away from those farms. He lived at Gorsty Farm, which included residential accommodation. From Gorsty Farm ...
...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 ...
...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. 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...
39.
Mobile shed - injunction (Case Comment)
Citation: J.P.L. 2005, Jun, 831-840
Subject: Planning
Keywords: Building operations; Planning permission; Special landscape areas
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:

...issued on February 13, 2004. On that day Cox J. granted an interim injunction restraining him from bringing any additional mobile homes or caravans onto the land and from allowing any residential use, save in one caravan. On February 23 the injunction was continued. The trial of the action for injunctive relief took ...
...issued on February 13, 2004. On that day Cox J. granted an interim injunction restraining him from bringing any additional mobile homes or caravans onto the land and from allowing any residential use save in one caravan (which was that occupied by Mrs Adams and her children). On February 23, the injunction was continued by Hunt J. with a variation as to residential use permitting Mr Burns to continue to reside in a shed. 3. The trial of the action took place on November ...
...Keeley has demonstrated to the Council.10. Mr Keeley stated that he planned to have one building (the word he used) on each small holding as a multifunctional agricultural building for the benefit of the tenant farmer. It would be used for storage of animal feed such as hay and straw, and machinery, and as housing for chickens. He said that if they were used for keeping chickens they could be moved to prevent the ground round them becoming excessively soiled. He stated that it was his intention to use them to replace the caravans which are on-site and which are now, though not originally, used for agricultural purposes such as the keeping of chickens. 11. In September of this year Mr Keeley said that he adapted one ...
...onto the site, was that this constituted development because it involved “the making of any of [a] material change of use of … land”, because use of the land was being changed from agricultural use to use for storage. There does not seem to be any answer to this second part of the Council's case. However, as ...
...development: Wealden DC v Secretary of State (1987) 56 P. & C.R. 286 at 291. It may involve a change of use, but that is another matter. Change of use does not arise here because the shed is used for agricultural purposes, which is the existing use of the site. A caravan is defined in law to include a mobile home (which expression I use as it is used in ordinary speech), because “caravan” is defined as “any structure designed or adapted for human habitation which is capable of...
40.
Stewart v First Secretary of State for the Environment Queen's Bench Division (Administrative Court), 28 July 2004
Subject: Planning
Keywords: Disabled persons; Landowners; Lawful development certificates; Material change of use
Where Reported: [2004] EWHC 2262 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:

...28 July 2004Jackson, J. Jackson J (c)Sweet & Maxwell Limited Planning Disabled persons Landowners Lawful development certificates Material change of use material change of use lawful development certificates test for material change of use effect on test of landowner's disability The applicant (S) sought to quash a planning inspector's decision that only part of a parcel of land she owned was being lawfully used as the residential curtilage of her cottage. S was disabled following a car accident. S had lived in her cottage ...
...need for an additional carer had been foreseen and it was proposed that the additional carer should live in a mobile home on a strip of land opposite the cottage. S had applied to the local authority, pursuant to the Town and Country Planning Act 1990 s.191 , for a certificate of lawfulness in respect of the use of the strip as part of the residential curtilage of the cottage. However, her application was only partly successful and ...
...the subject matter of S's application was made up of two distinct planning units. Part of the land was in use as a dwelling house or for uses incidental or ancillary to that use. The remainder was held to be used for agricultural purposes. The inspector held that a material change of use had only occurred on a small portion of the agricultural land. Thus, the inspector only allowed S's appeal to a limited extent and accordingly he issued a further certificate of ...
...of activity by the landowner on his or her land would suffice to give rise to a material change of use than would be the case for an able bodied landowner. S submitted that the inspector had erred in law because ...
...would be difficult to convert such a proposed general principle into legal rules capable of consistent application. Material change of use was a statutory concept and was one type of “development� within the meaning of s.55(1) of the Act. The test for determining whether a material change of use had occurred was an objective test and the application of the test was unaffected by the health or infirmity of...