Cases and Legislation for (mobile AND home AND agriculture AND agricultural AND use)

112-mobilehome-logcabin-kithomes

Potter v Hillingdon LBC Upper Tribunal (Lands Chamber), 28 June 2010
Subject: Planning
Where Reported: [2010] UKUT 212 (LC); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...tithe barn, which is Grade 1 listed and an ancient monument. From 1998 to 2007 the claimants lived in a mobile home on the land. Heathrow Airport is a short distance to the south, and on the north side of the village ...
...reflects the hope value that it is said that the land has for its potential development for an airport-related use in the event that the third runway proceeds. The claimants assert that the land is worth £10 m on the ...
...land was within the Green Belt (policy OL1) and within an area of Environmental Opportunity (policy OL9). As grade 1 agricultural land, policy OL12 preventing the irreversible loss of the best agricultural land (grades 1, 2, and 3a) applied to it. The land was also in a Comprehensive Rehabilitation Area for the ...
...the whole site fell within the Harmondsworth Village Conservation Area.Planning permission was granted on appeal in 1981 for the use of the western half of the subject property as a touring caravan and camping site for 60 units, subject to a condition that prevented its use for that purpose during the winter months (between 31 October and 1 March). Although the permission was implemented (and was ...
...of the proposals (most importantly the removal of a potential health risk from landfill gas and leachate and the positive use of urban fringe land for the general public good) and the ‘business case’ would amount to such very special circumstances...
...to seek to acquire them. They were never proposed to be part of the park, but being in active allotment use, they were regarded as entirely compatible with the surrounding park use. iv. Rear of the allotments – This area was owned by the council and was acquired by BA along with all ...
...first section 106 agreement. It was part of the park under both agreements and has been landscaped. vi. Rear of Home Farm – This was privately owned but was acquired by BA under the first section 106 agreement. It was part of ...
...a working area for horticultural purposes.vii. Area to the front of (vi) – This consisted of a bungalow in residential use, outbuildings and large barns and an orchard. It had always been privately owned. It was proposed as part of the park in the first section 106 agreement but not the second. The residential/horticultural use is low key and was regarded as compatible with the surrounding park. viii. Cambridge Lodge – This was privately owned but ...
...the first section 106 agreement but not the second. However, the second section 106 agreement still provided that BA would use reasonable endeavours to acquire this area: the intention was that the scrap yard use would cease and that the area should be put to a use compatible with the surrounding park. The Rose Cottages site was included in the CPO for this reason. x. Scotchlake Farm ...
...to acquire this area under the first section 106 agreement but not the second. The area is in a residential use. On 25 February 1993 the council sold its land to BA for £1.252m. It amounted to 50 hectares (125 ...
...acquired by agreement nine parcels of land, namely Areas 5, 6, 10, 11, 12 and 13 and the rear of Home Farm, Cambridge Lodge and Janton Farm, totalling about 19 hectares (47 acres).The first section 106 agreement The first section ...
...transfer to it of all the council land within the application site (clause 6.1).(c) BA was obliged to use its best endeavours to acquire the third party land within the application site (clause 6.14). (d) The council covenanted to consider the use of compulsory purchase powers to acquire any third party land not acquired by BA (clause 7). (e) Three areas owned ...
...g) “The New Park Works” were defined in Schedule 1 and were intended as works to make land suitable for use as a park, in accordance with the Master Plan (see clause 6.3 and 6.5). (h) BA was not ...
...to pay for the ongoing maintenance of the park (clause 5 and 6.11).(m) BA was obliged not to use any land incorporated into the new park other than as public open space or for public leisure and recreational uses appropriate to the Green Belt (clause 6.20) (n) It was contemplated that the park, although owned by BA, would ...
...the requirements of clause 6.4 were satisfied before the offices were occupied.(j) BA was obliged to permit the use in perpetuity of the New Park Land as public open space (clause 6.5), to observe other obligations concerning public ...
...31 made provisions particular to individual areas. These included – Areas 7 and 13 (clause 6.11 – 6.14, restricting the use of these Areas); Areas 3 and 4 (clause 6.15, dealing with the specification and treatment of trees); Areas 2 ...
...Remaining Land” (the reference land, the Thakrar land, the Rose Cottages site and Brookside). Clause 6.18 required BA to use reasonable endeavours to acquire these areas in the period until 31 December 2000. Thereafter BA was obliged to reimburse the ...
...consideration for the grant of the option shall be 6 First Class return tickets London Heathrow to San Francisco for use by you or members of your direct family.2. The option may be exercised at any time up to the ...
...claimants that all their appeals against the validity of the CPO had been exhausted and it was not proposed to use this hearing as a forum to re-argue or debate the legalities of it. He said it was appreciated that ...
...be included in the proposed section 106 agreement. Section 6.18, Mr Potter said, was quite specific: “Not to make use of the Caravan Park permission.” It would be unreasonable for the developer to commit to a planning obligation that specifies...
2.
Cook v Thomas Court of Appeal (Civil Division), 17 March 2010
Subject: Civil procedure; Real property; Civil evidence
Keywords: Appeals; Constructive trusts; Credibility; Findings of fact; Proprietary estoppel; Unjust enrichment
Where Reported: [2010] EWCA Civ 227; Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...on her death.C was the sole owner of her farm. T, a married couple, began to live in a mobile home on it, following the healing of a rift between C and the first appellant, who were mother and daughter. T took over the farming activity and repaired farm buildings. Their mobile home was seriously damaged in a storm, and they moved into the farmhouse with C. The parties fell out again and ...
...relied on it to their detriment. He made an order for possession against T and awarded C damages for their use and occupation of the farm. T submitted that the judge had (1) been wrong to reject their evidence in relation ...
...Civil Procedure Rules 1998 (SI 1998 3132) Part 52Civil Procedure Rules 1998 (SI 1998 3132) r.44.15 Update: Agriculture (June) S.J. 2010, 154(21), 25-26 Agricultural holdings Assured shorthold tenancies Detriment Notices to quit Proprietary estoppel Rent Succession 2021532446 723...
3.
R. (on the application of Delaney) v Secretary of State for Communities and Local Government Queen's Bench Division (Administrative Court), 24 February 2010
Subject: Planning
Where Reported: [2010] EWHC 1437 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...second respondent, in this application. That enforcement notice alleged a breach of planning control without planning permission, having changed the use of land from agriculture to stationing of residential caravans, other vehicles, static mobile homes and portable toilets, together with ancillary excavation, engineering and other building works for the alteration and construction of accesses, drives ...
...in paragraph 15 ODPM Circular 01/2006 . The claimant and his extended family purchased and occupied the land as their home without having obtained planning permission to change the use from agricultural to being used for the purpose of residential caravans. The claimant brought an appeal against the enforcement notice, which was ...
...was entitled to reach and did not act unlawfully in reaching his conclusion that the proposed or actual change of use represented a danger of methane gas escaping and causing death or injury. If his decision on that point was not ...
...for the gas.Two substantive solutions to this problem were proposed by the claimant. One was that the caravans and mobile home on the site, would be located on concrete slabs which would include a gas-proof membrane. It was agreed between ...
...such a barrier could provide a satisfactory level of protection from methane emissions for the occupiers of any caravans or mobile homes and he recalls that the inspector could see no reason to disagree with the planned view. However, he was not ...
...that there is a viable remediation option. Only if all of these tests can be met, is it appropriate to use conditions to resolve all the remediation details. In this case, the development may well be appropriate for a site such ...
...circumstances, if planning permission were to be granted, the current occupiers would need to vacate the site and the residential use cease whilst the monitoring was completed and a satisfactory remediation scheme was provided. This would effectively nullify the benefits of ...
...was entirely justified in taking the view that the correct course for any application requiring such a fundamental change of use as would give rise, it was agreed by all, to a serious risk of danger by the explosion of gas, was that no such application for permission for change of use should be countenanced until and unless that risk had been properly assessed and the planning authorities had been presented with...
...to balance the claimant's Article 8 rights against countervailing considerations. He recognised that there would be an interference with their home and family life. However the harm which would continue to be caused by its development, in terms of its effect...
4.
R. (on the application of Peartree Well Ltd) v Secretary of State for Communities and Local Government Queen's Bench Division (Administrative Court), 19 November 2009
Subject: Planning
Keywords: Abstraction of water; Development; Houses; Land use; Need; Planning permission; Rural areas
Where Reported: [2009] EWHC 3533 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...on the land in question, the same land as that involved in the section 288 claim, of a caravan or mobile home. That was said to be a breach of planning control. That decision was made on 21st May 2009. Mr. Pursglove ...
...himself had operated the land for business purposes since he acquired it in 1987. It had the necessary 10 years use but in fact it had been used before that for business purposes. The appeal came before an inspector in October ...
...certificate should be granted. As he said in his report, there was abundant evidence that the building had been in use commercially as a workshop for storage for more than 10 years and there was really no evidence to the contrary ...
...Therefore, the LDC appeal succeeded, in that it was to be regarded as a workshop within Class B1 of the Use Classes Order for the repair of upholstery and furniture and making of curtains, with ancillary storage. Mr. Pursglove had the ...
...have the building in question. The inspector recognized that the proposal would constitute, as he put it, a sporadic commercial use in rural surroundings but that it was not a new introduction of commercial development into such a location. Were the bottling plant to be accommodated within the existing building such re-use for employment purposes would not be necessary to demonstrate that a countryside location was necessary. That location was clearly necessary ...
...bottled at source. Since the source is where it is, it is essential that the bottling and therefore the commercial use take place there. That the inspector recognized. That particular permission which was granted by the inspector has for various reasons ...
...the dwelling house, to house someone to look after, if necessary, and also to have to some extent an office use within it and to provide facilities for those working on the site, to use lavatories et cetera, if the need arose. It was a building which was in Mr. Pursglove's view essential for the ...
...should any emergency arise.In the meantime, there was what I would call a caravan. It is described as a mobile home in the enforcement notice. That was provided for the use of those on site, no doubt for the facilities which were regarded as necessary whilst they were on site and ...
...At the same time, perhaps somewhat surprisingly, the Council saw fit to serve an enforcement notice requiring removal of the mobile home, the caravan. Mr. Pursglove appealed against that. The result was that there were two appeals in relation to the same ...
...of PPS7. I will refer to that Annex for simplicity. The matters of relevance are under the heading “Urban and Agricultural Dwellings”: “new permanent dwellings should only be allowed to support existing agricultural activities on well-established agricultural units providing: (i) there is a clearly established existing functional need; (ii) 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; (iii) 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 currently financially sound and have a clear prospect of remaining so.” I appreciate that that refers to agricultural but the same approach is appropriate in relation to any dwelling houses within the countryside, and since it is plain that the relevant use, the extraction of water, is one which has been approved, the extraction licence has been obtained, it clearly is appropriate that the same approach should be adopted on the basis that it equates in the circumstances to an agricultural use. When I say equates, I mean that it is treated in the same way as if it were agricultural use. In paragraph 4 the functional test is said to be necessary to establish whether it is essential for the proper ...
...amount that they would otherwise charge for the water for those who cannot afford it and who would like to use it because it has a potentially beneficial effect for various illnesses or conditions of one sort or another. The extent ...
...did not indicate, albeit he was not satisfied that a dwelling house was appropriate, that temporary accommodation such as a mobile home might be an alternative. He does not deal with that. Of course the appeal was against a specific planning application ...
...this covered also the appeal on ground (c) — was that this was not really residential accommodation. It was essentially a mobile home which was there for purposes in support of the mineral water extraction and the bottling business undertaken on site. Apart from anything else, the shed was too small for a lot of administrative work to be undertaken there. The mobile home, as I understand it, was operating as an office as well as from time to time accommodation. The argument was ...
...The inspector rejected that under ground (b). I am afraid that he was right to do so. Whatever its other uses may have been, it was there for residential purposes as well. The next ground, ground (c), was that it did ...
...is no reason why that should be the case.One then comes to the question of the need for a mobile home. That is ground (a), the application for planning permission. Mr. Bourne indicated that in his view it was proper that a mobile home should be provided. He dealt with the financial aspect on the material put before him. It was perhaps a little ...
...need existed. Accordingly, he was satisfied that it was appropriate to grant a temporary permission for three years for a mobile home on the site. He says in paragraph 41: “in reaching that view I appreciate that my decision could be seen ...
...conditions reasonably imposed as a matter of law he is entitled to impose them. The first condition was that: “the use was to be carried on by the appellant or other employees of Peartree Well Limited in connection with the production ...
...cease to be occupied by any such persons or at the end of three years whichever shall occur first, the use … shall cease and the mobile home shall be removed.” The second condition was: “The use should cease within 28 days of any of the following requirements not being met: (i) within two months of the...
5.
Brentwood BC v Ball Queen's Bench Division, 8 October 2009
Subject: Planning; Local government
Keywords: Breach; Enforcement notices; Gypsies; Hardship; Injunctions; Local authorities' powers and duties; Planning permission; Unlawful use of premises
Where Reported: [2009] EWHC 2433 (QB); [2009] N.P.C. 111; Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...requiring them to remedy alleged breaches of planning control and enforcement notices, in particular by bringing to an end their use of agricultural land as a residential caravan site. The Claimant is the Brentwood Borough Council. The six named Defendants are English Gipsies ...
...know as Plot 3, Oaktree Farm, Chelmsford Road, Blackmore in Ingatestone in the Borough of Brentwood. Plot 3 consists of agricultural land and is situated in the Metropolitan Green Belt. It is also subject to two enforcement notices dated 5 February ...
...one of which required inter alia the removal of all touring caravans from the site, the permanent cessation of the use of the site for residential purposes and reinstatement of the site to a condition suitable for agriculture. That notice is recorded on the Claimant's register of enforcement notices kept under section 188 of the Act. The purchase ...
...young children and wanted to establish a permanent base to enable them to settle down in one school or obtain home tutoring. Because of their peripatetic lifestyle some of the children either hardly attended school at all or frequently changed school ...
...is common ground between the parties that neither the various operations that were carried out over that weekend nor the use of the site as a caravan site has planning permission. In addition the use of the site as a caravan site is a breach of the change of use enforcement notice dated 5 February 2001. Prior to the purchase of the land, Mr Green had met Walter Ball and ...
...Mr Udall, in April 2003 against the refusal of a subsequent application for planning permission for the retention of a mobile home, entrance gates and boundary fence. Mr Green informed Mr Ball and Mr Vinden of the two enforcement notices and advised ...
...the north of Chelmsford Road from which it is served by a track and is bounded on all sides by agricultural land. Together with two adjoining plots east of the track, Plots 1 and 2, it originally formed part of a larger agricultural holding. The history and current characteristics of the three plots are relevant to the issues raised in this application and ...
...a Gipsy then aged 64. His younger daughter, Mrs Betts, lived with her husband and three young children in a mobile home on Plot 1. Mr and Mrs Betts were also Gipsies. On Plot 2 there was another mobile home which was occupied by a Mrs Corrie. Mrs Corrie is not a Gipsy. Neither the mobile home belonging to Mr and Mrs Betts on Plot 1, nor the mobile home belonging to Mrs Corrie on Plot 2 was authorised by planning permission. Both Mr Betts and Mrs Corrie applied for planning permission to enable them to have and reside in mobile homes on respectively Plots 1 and 2. Both applications were refused and appeals against refusal were dismissed by the same inspector ...
...notices were upheld and the Council pursued prosecution proceedings against both Mr Betts and Mrs Corrie. Despite those proceedings the mobile homes were not removed from Plots 1 and 2 and remained thereon both at the time of the purchase by the ...
...Betts and their children. On 31 January 2002 Mr Udall applied for planning permission to allow him to retain a mobile home, with which he appears to have replaced the touring caravans following his earlier unsuccessful appeal, together with entrance gates and ...
...is sporadic, typically comprising farmstead and long established dwellings scattered along Chelmsford Road and the network of country lanes. The mobile home, the small out buildings and hard surfaces have given the land a domestic appearance. The hedgerow and trees along the ...
...also referred to the fact that planning permission had been granted on appeal in 1999 for the stationing of a mobile home and caravan in the Lillypurts Site to the west of Oaktree Farm. The development had been considered visually intrusive but ...
...in the case of Mr Betts on Plot 1 and Mrs Corrie on Plot 2, Mr Udall remained in his mobile home with his outbuildings, gate and fence in breach of planning law and in particular of the enforcement notices from 2003...
...engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any building or other land.” Section 179 of the Act provides: “(1) Where, at any time after the end ...
...six named Defendants are in breach of the enforcement notice dated 5 February 2001 which required the permanent cessation of use of Plot 3 for residential purposes and reinstatement of the land to a condition suitable for agriculture. It is the Council's case that by residing in caravans on Plot 3 the six named Defendants and the other ...
...If the appeal if successful, the injunction could then be discharged and the Defendants allowed to revert to their residential use of the land.The Defendants' case The Defendants accept that by bringing planings and caravans onto Plot 3 they breached ...
...site. Although most of them were aware of the existence of the enforcement notice, they were aware that there were mobile homes on Plots 1, 2 and 3 and that no injunction proceedings had been taken by the Council to enforce compliance ...
...1, 2 and 3 or to remove the occupiers therefrom and they assumed that having tolerated the presence of residential mobile homes on the Plots for several years the Council would take no such action against them. Their long term reason for ...
...been occupying a Gipsy site in Tylers Cross on which there had been alarming outbreaks of serious violence including the use of guns which required intervention by armed Police which caused them to fear for the safety of themselves and their...
...failed over a prolonged period of time to remedy the breach, then the court would obviously be the readier to use its own, more coercive powers. Conversely, however, the court might well be reluctant to use its powers in a case where enforcement action had never been taken. On the other hand, there might be some...
6.
Gill v Woodall Chancery Division, 5 October 2009
Subject: Succession
Keywords: Knowledge and approval; Proprietary estoppel; Undue influence; Validity; Wills
Where Reported: [2009] EWHC 834 (Ch); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...terms of each will the maker left all his/her property to the other spouse absolutely for his/her sole use and benefit providing he/she survived the maker for a period of one month. If they did not, or if ...
...even if there was no work for Mrs Gill to do. At the end of the day she would return home with Mr Gill and begin her household tasks. Similarly, unless the Claimant stayed with Mrs Gill at home, she would always accompany Mr Gill if he left the Farm for any reason but would remain sitting in the ...
...that Mr and Mrs Gill could get on with things separately. Mrs Gill did not like to travel far from home and she would not travel anywhere by herself. She was only prepared to drive the car by herself if she ...
...doctor visit the house, Mrs Gill's anxiety about meeting people meant the Claimant could not have friends visit her at home. If anyone did come into the house, Mrs Gill would rush upstairs to “hide” in the bathroom. This made it ...
...of the labour government. Mrs Gill, however, became more reserved. By the 1960s she had become uneasy about staying at home on her own. She became anxious about social events and started to avoid them. Though Mrs Gill would travel in ...
...in 1971 and 1972. She also accepted that in the 1970s, Mrs Gill dealt with people who attended at her home including workmen and trades people. In the 1970s and early 1980s Mrs Gill was, according to the Claimant, confident in her own home. She was capable of taking in what a visitor, who was a stranger, said to her and she was also ...
...dealing with poachers on the farmland. In the latter case, she kept an eye on the potential poachers from her home and there is a record of her doing this in November 1986. In March 1973 she had a conversation with ...
...of September 2000, in her own kitchen in the presence of the Claimant who then took it to her own home where her mother-in-law signed the Deed as a witness to the signature of Mrs Gill. The Claimant could ...
...farming business. Those accounts were prepared by Hanby & Co. They were then sent to Mr and Mrs Gill at their home address where they were signed by Mrs Gill. According to the Claimant, Mrs Gill did not check the accounts but ...
...of a stranger, that she knew her own mind and she voiced it. The Claimant further accepted that in the home Mrs Gill would argue with, and stand up to, Mr Gill to a point. Mrs Gill would not always do ...
...by herself. In July 2005 the Claimant had a 10 night break and Mrs Gill was admitted to a nursing home in Bedale. The Claimant provided a social profile in respect of Mrs Gill which reads:- “Mum is quite well but rather frail. She looks after herself at home. She likes to be active but has little stamina. She is quite shy and is quite a private person”. A ...
...put to the Claimant that she did not tell the nursing staff or the admission staff at the Bedale nursing home that Mrs Gill suffered from anxiety to the degree which the Claimant described in her witness statements.The Claimant gave ...
...not accept such. Mrs Talbot-Rice drew the Claimant's attention to the instructions which the Claimant gave to the nursing home staff in respect of the care of Mrs Gill. A copy of the care plan lies at page 63 of ...
...the care plan had been written after discussions with herself though she accepted that she had discussed with the nursing home staff what was anticipated to happen to Mrs Gill during her 10 day stay at the nursing home. The Claimant was emphatic that she did not suggest to the staff that she wanted Mrs Gill to be encouraged ...
...until the stay was over.Mrs Talbot-Rice put it to the Claimant that on the Claimant's evidence the nursing home staff had simply made this entry up, that the Claimant hadn't asked this of the staff so the staff had ...
...to be encouraged to mix. It was quite clear when the Claimant arranged for Mrs Gill to go to the home that Mrs Gill would want to be left alone and that she was not used to mixing with people and ...
...with people. The Claimant confirmed that, on her evidence given to the Court, mixing with other residents in the care home would have been an appalling prospect for Mrs Gill. Mrs Talbot-Rice suggested to the Claimant that whilst Mrs Gill ...
...was put to the Claimant that if Mrs Gill had a fear of people then putting her into a care home was the antipathy of what she required. Mrs Gill was being put into an environment filled with people rather than ...
...executors. She said that obviously she wouldn't want to be paying anything if everything had been left to the Dogs Home but NAJH not being drawn on that point. Time engaged on the telephone - 6 minutes”. When it was put to ...
...made the statement - “obviously she would not want to be paying anything if everything had been left to the Dogs Home”. Her evidence was that this was a chance expression she had used. It was made partly as a result of...
7.
Parker v Secretary of State for Communities and Local Government Queen's Bench Division (Administrative Court), 4 August 2009
Subject: Planning
Keywords: Areas of Outstanding Natural Beauty; Development; Outline planning permission; Planning appeals; Planning policy; Procedural irregularity
Where Reported: [2009] EWHC 2330 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...gently undulating landscape north of Bexhill-on-Sea. It comprises around 62 hectares of lakes, grassland and woods. The fishery use has gradually developed over more than twenty years and is supported by the Council as an appropriate leisure use in the AONB. A group of loosely sited buildings, mobile homes and containers of varying appearance near the centre of the holding comprises the former farmstead from which the business is ...
...improve his case subsequently, having been substantially aware of, or alert to, the key issues at the inquiry?” (see Castleford Homes Ltd v Secretary of State for the Environment [2001] EWHC (Admin) 77 Issue (i): the definition of the proposed development ...
...of the development and how the design of the development takes that context into account in relation to its proposed use and each of the aspects specified in sub-paragraph (a).(4) A design and access statement shall also — (a) explain ...
...R(McKay) v First Secretary of State (2006) 1 P&CR 19 ; and R v Secretary of State for the Home Department, ex parte Jayeanthan [2000] 1 WLR 354 As a simple statement of principle I accept that submission. DCLG Circular ...
...52 , in section 2 , states: “With an application for outline planning permission detailed consideration will always be required on the use and amount of development. In addition, even if layout, scale and access are reserved, an application will still require a ...
...basic level of information on these issues in the application. As a minimum, therefore, applications should always include information on: Use — the use or uses proposed for the development and any distinct development zones within the site identified. Amount of development — the amount of development proposed for each use. Indicative layout — an indicative layout with separate development zones proposed within the site boundary where appropriate. Scale parameters — an indication ...
...access statement will form a link between the outline permission and the consideration of reserved matters. Further information on the use of design and access statements in the planning application process is set out in the following sections of this Circular ...
...context of the development and how the design of the development took that into account in relation to the proposed use and each of the aspects specified. Thus, in my view, the Inspector was manifestly able to judge the principle of ...
...building in the farmstead in longer views”, though he found that it resembled “many other similar barns with an accepted agricultural use that do not detract from the character of the AONB”. Of the three options for this building put forward at ...
...a clay tile roof would be sympathetic to this protected rural location and would not appear out of place … Many agricultural buildings used for livestock or general storage are similar in scale and appearance. Its function would be obvious close by ...
...relating to existing static caravan or chalet sites despite it being clear that the site did not have such a use. He also submitted that in paragraph 14 of the costs decision letter the Inspector treated the proposals as being for ...
...said Mr Hill, to the approach of another inspector, in an appeal in 2007 relating to a proposed change of use of the site to use as a caravan site. The issue of essential need had gone wholly unexplored in the decision in the present case ...
...the appeal site there was accommodation in the form of 16 units, four of them in “small chalets converted from agricultural use”, and nine “in a variety of cramped touring caravans with no toilet facilities”. The three other units of accommodation were ...
...the cause of meeting “commercial aspirations”. Policy S11 to the structure plan stated: “To help the rural economy, some alternative uses of agricultural land and countryside may be permitted, where the use is appropriate to the area in terms of scale, type and impact on it surroundings (including traffic impact). These uses will be mainly for employment, recreation and tourist accommodation and facilities. Any such development must, where applicable — (a) meet the requirements of policy S1; (b) make use of suitable existing buildings that could be converted or demonstrate for any new development that a countryside location is necessary ...
...the vitality of towns and villagers.”Criterion (b) in policy S11 was said by Mr Warren to require “the re-use of existing buildings in a sequential manner”. In fact, criterion (b) embraced two alternatives, which may be read as being ...
...consider both whether a countryside location is necessary for the development and whether there are existing buildings suitable for the use proposed.I do not accept that the Inspector failed to address the issues to which policy S11 gave rise, or ...
...not be forgotten. The appeal site was no longer the mixed farm it once had been. Diversification away from purely agricultural activity had already taken place. In principle, as he made clear in paragraph 7 of his decision letter, the Inspector ...
...persuading him that some of the floor space in the barn could be devoted to one or more of the uses proposed. The barn was already occupied by administrative staff. The claimant had contended that most of these people did not ...
...Inspector noted, in paragraph 13 of his decision letter, that the Sussex barn had been “converted to office and storage use for the angling centre and also provides administrative space for a local tourist retail outlet in Battle”. Thus both the ...
...and the buildings on it, including the Sussex barn, had already assumed what policy S11 refers to as an “alternative uses”. As was envisaged in the policy, these uses were connected in one way or another with employment, recreation and tourism. Submissions were made encouraging the Inspector to conclude...
8.
Wingrove v Secretary of State for Communities and Local Government Queen's Bench Division (Administrative Court), 7 May 2009
Subject: Planning; Human rights; Local government
Keywords: Enforcement notices; Gypsies; Mobile homes; Planning control; Right to respect for private and family life
Where Reported: [2009] EWHC 1476 (Admin); Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...district council served on them an enforcement notice under the Town and Country Planning Act 1990 alleging a change of use of the land from agriculture to a mixed use, agriculture and residential use. The residential use was the siting and occupation of a mobile home. The notice required the residential occupation of the land to cease and the removal of a caravan. The first appellant's ...
...2007 or early 2008. Although based on a misunderstanding of the grounds, it was contended that the material change of use had not occurred but in reality it had and was not immune from enforcement. The appeal against the enforcement notice ...
...an inquiry in January 2009. The main issue at the inquiry was whether planning permission should be granted for the use. The inspector concluded that planning permission should not be granted - although extending time by three months so that in total there was nine months for the removal of the mobile home - he otherwise dismissed the appeal. The appellants before him now apply to this court for permission to appeal against that ...
...in a house or bungalow. During that time they had travelled to work each day for the purposes of their mobile catering business which they had given up in September 2008. They had come to the place in question at about ...
...are now striving for a contented country life in a caravan in the appeal site, and to pursue [various minor agricultural activities]. That however is an aspiration shared by many people but … it has to be judged in relation to the ...
...planning policies to them and found that it breached the relevant planning policies. He considered whether, as it was their home, a temporary planning permission should be granted. He also considered whether the removal of their home from the land would involve a disproportionate breach of Article 8 of the European Convention of Human Rights (ECHR). He ...
...had failed to consider all aspects of Mrs Wingrove's Article 8 ECHR claim because he only considered interference with her home and not the interference with the wider aspects of her gypsy identity, namely a desire to live in a caravan ...
...that the planning definition deals with the development control side of planning and the designation of land for specific land uses, whereas the housing definition is designed to make sure that all housing needs (and not just the question of whether...
...inevitably a connection between how a development plan proceeds and the weight to be given to development control decisions for uses for which the development plan is making provision. I accept what Mr Philpott says entirely that no conclusion can be ...
...which affect the applicant's stationing of her caravans have therefore a wider impact than on the right of respect for home. They also affect her ability to maintain her identity as a gypsy and to lead her private and family life...
9.

R. (on the application of Morland) v Secretary of State for Communities and Local Government Queen's Bench Division (Administrative Court), 24 February 2009
Subject: Planning; Local government
Keywords: District councils; Enforcement; Local planning authorities; Planning; Planning conditions
Where Reported: [2009] EWHC 310 (Admin); [2010] J.P.L. 176; Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...6/86/1533. That land forms part of St Merryn Holiday Village, which comprises a large number of bungalows and mobile homes with a caravan site at its eastern end. The coastline to the North and West is designated as an Area ...
...fresh planning applications were made and three new planning permissions were granted, with the result that 20 bungalows and 137 mobile homes now occupy the part of the site on which the remaining 140 bungalows were due to have been erected in...
...dated 3rd February 1993. In each case, the relevant Inspector appointed by the First Defendant decided that the restriction on use for permanent residential occupation was justified, and dismissed the appeals. In the later decision letter the Inspector stated “ there is ...
...in rural areas; PPG13 March 2001 – Transport, which all direct residential development, other than dwellings essential for persons working in agriculture or any other essential rural activity to defined settlements with an appropriate level of facilities. 2. The proposal, if permitted ...
...a route that Mr Morland has also adopted, though so far without success, is to seek a Certificate of Lawful Use or Development under s.191 of the 1990 Act. The third is to apply under s.73A of the 1990 ...
...condition imposed on an earlier planning permission, in reality it was an application for retrospective planning permission to continue the use of the land without compliance with that condition. Miss Busch submitted that if the s.73A route is adopted, any ...
...to planning permission was enforceable against them. In that case, planning permission had been granted subject to a condition of agricultural occupancy. However, the bungalow had been erected a short distance outside the area for which planning permission had been granted ...
...no effect upon it. It would be open to the planning authority to serve an enforcement notice to prevent any use of the unauthorised development (not just a use which breached the condition). However, once the time for enforcement had passed, the planning authority would be unable to enforce ...
...non-compliance, are contentious. The Council has rejected Mr Morland's argument in refusing his application for a Certificate of Lawful Use (by a decision made on 20th January 2009). It is unnecessary, and indeed impossible, for the Court to determine its ...
...to take into account the ability of the authority to enforce the condition. He relied upon Circular 11/95 “the Use of Conditions in Planning Permissions” which is referred to by the Inspector in his Decision Letter. That Circular revises and ...
...condition should not be imposed if it cannot be enforced. It makes reference to the two provisions which authorities may use to enforce conditions: an enforcement notice or breach of condition notice. Mr Morland submits that the text supports his contention...
10.
Fowles v Heathrow Airport Ltd Chancery Division, 15 February 2008
Subject: Planning; Landlord and tenant
Keywords: Adverse possession; Grounds for opposition; Illegality; Land use; Material change of use; New tenancy applications; Notices; Planning conditions; Temporary permissions
Where Reported: [2008] EWHC 219 (Ch); [2008] N.P.C. 19; [2008] 1 P. & C.R. DG24; Official Transcript
Documents: Case Analysis  [2008] 1 P. & C.R. DG24  Official Transcript  
Terms in Context:
...the raw materials consist of debris and rubble from demolition sites. At the foot of the mound there are two mobile concrete crushers which crush the concrete into small aggregate. Metal reinforcing bars are extracted by magnets, collected in a bin ...
...in 1978. Mr Robb, who was originally the freeholder of the site, orally agreed with Mr Fowles that he could use part of the site for parking his lorry. Mr Fowles began by transporting other people's loads. He did not himself ...
...cherry pickers, dump trucks and so on.The demolition plant is stored in area D when it is not in use on demolition sites. Some maintenance and repair takes place in the workshop and welding shop (areas A and B). Soil ...
...hire before 1992. He supplies bins to third parties who fill them and then have them collected for emptying. He uses specialised lorries for the transport of the skips and bins. He now specialises in roll on/roll off bins. This ...
...with the demolition business than any other. In effect he hires out the demolition equipment when it is not in use for his own demolition contracts. The plant is stored in area D. The freehold title As I have said, Mr ...
...as a witness.The planning battle Mr Fowles and the various planning authorities have fought a long campaign about the use of the site. So far it has lasted for nearly twenty years. Despite, so far, losing every battle, Mr Fowles ...
...With the aid of an extremely competent and determined professional team he has managed to keep alive a non-conforming use within the Green Belt, despite the best efforts of no less than three planning authorities to stop him. Since his ...
...breaches alleged included the laying out and construction of hardstanding, the erection of a workshop; and a material change of use. The change of use alleged was described as follows: “The making of a material change in the use of land to use for a haulage contractors yard including the stationing of portable buildings for use as offices …, the parking and storage of trailers and vehicles, the installation and operation of a concrete crusher and soil ...
...counsel and gave evidence. Evidence was given on oath. They argued that enforcement in respect of some buildings, and some uses, was time barred, and that planning permission ought to be granted in any event, even though the land is in ...
...Fowles had six lorries. He did general haulage work but concentrated on moving used concrete material; ii) He had the use of buildings 11 and 14, the latter being his offices. He had the use of hardstanding 10 for repair purposes on occasion; iii) A substantial part of his business activity took place on the ...
...buildings and land from Mr Robb on a verbal agreement. There was no specific boundary to the land and his use was mixed up with Quick Ltd. It will be noted that Mr Fowles said nothing to the inspector about importing ...
...to distance himself from the evidence that he gave to the inspector, and in particular the extent to which his use of the land was mixed up with its use by other operators, and also the extent of his use of the land. He claimed that Mr Robb was in charge of the appeal, and that in effect he (Mr ...
...and was used by Mr Fowles for occasional repairs. He also said that Mr Fowles paid £50 a week to use building No 11. The inspector found as a fact that building 9 was in use for vehicle body construction and painting by Grace & Co. Mr Brown (who was Mr Fowles' transport manager) also gave evidence ...
...agreeing with the Inspector. He upheld the notice, with minor amendments. The notice related to a material change in the use of the land to use for a haulage contractors yard, including the parking and storage of trailers and vehicles, the installation, stationing and operation of ...
...and soil hopper, and the storage of materials including soil concrete and excavated materials. It required the discontinuance of that use, and the removal of the portable buildings, trailers, vehicles, concrete crusher, soil hopper and all materials and equipment associated with the use as a haulage contractors' yard, within 12 months from 15 May 1989. The prosecution Mr Fowles failed to comply with the enforcement notice. In 1990, Spelthorne prosecuted Mr Fowles, and another occupier, Quick Ltd, for continuing to use the property in breach of the enforcement notice and they were convicted and fined on 5 October 1990. Mr Fowles ...
...on 18 January 1993. The application related to a site of 5 hectares and described the development in question as: “Use of land for the reception, processing and recycling of waste concrete and the carrying out of engineering operations to restore and landscape part of the site.” The application described the existing use of the land as: “Use for the reception, processing & recycling of waste concrete” No other existing use was stated. The supporting statement included phasing drawings. It also included a plan of the application site. The County Council ...
...the County Council were persuaded. On 31 March 1994, the County Council granted Mr Fowles a planning permission for the use of the site for the reception, processing and recycling of waste concrete with the restoration of part of the site ...

...The permission hereby granted shall be for a limited period of 7 years from the date of issue whereupon the use will cease, all fixed and mobile plant and any stockpiles of processed or unprocessed material shall be removed, all roadways and hardstandings broken up and the...
...Fowles to carry out the phased works. Clause 4.2 (b) contained a covenant by Mr Fowles to cease to use the site for the permitted development if at any time (and for so long as) he was in default of ...
...visits (early Summer 94), the repair/maintenance of the fleet of lorries was carried out within a group of dilapidated agricultural buildings. The inadequacy of the buildings meant that very often repairs were carried out in the open yard. More recently the operator has been using one of the former brick-built agricultural buildings lying within the adjoining site.” Mr Fowles agreed that this was a reference to building B on the diagram...