Carterv 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 …
…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 …
…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…
82.
Jarmain v Secretary of State for the Environment, Transport and the Regions (No.1) Queen’s Bench Division, 12 March 1999
Subject: Planning; Local government; Administrative law
Keywords: Enforcement notices; Mobile homes; Planning permission; Statutory interpretation
Where Reported: [1999] 2 P.L.R. 89; [1999] J.P.L. 1106; [1999] E.G. 41 (C.S.); (1999) 96(15) L.S.G. 30; (1999) 96(12) L.S.G. 35; Times, April 13, 1999; Independent, April 19, 1999; Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…JarmainSecretary of State for the Environment, Transport and the Regions (No.1) ROGER RAYMOND JARMAIN V (1 …
…Official12 March 1999 Nigel MacLeod Q.C. MacLeod, Nigel, QC (c)Sweet & Maxwell Limited Planning Local government Administrative law Enforcement notices Mobile homes Planning permission Statutory interpretation enforcement notices planning permission enforcement action against same physical development was against same breach of planning control despite altered circumstances Following the expiry of J’s temporary planning permission for a mobile home, WHDC issued an enforcement notice against its unauthorised retention in 1996. Two years later, WHDC discovered that J had transformed the mobile home into a single storey dwelling in 1993. WHDC withdrew the original notice and issued a second one against unauthorised erection …
…Planning Act 1990 (c.8) s.174(2)Town and Country Planning Act 1990 (c.8) s.171B(4)(b) Mobile home – temporary planning permissions – renewal refused – enforcement notice – gradual change from mobile home to structure. J.P.L. 1999, Dec, 1106-1113 Enforcement notices Immunities Mobile homes Time limits Time limit for enforcement action. L.G. and L. 1999, 9(5), 13-14 Enforcement notices Immunities Mobile homes Time limits Enforcement. P.E.L.B. 1999, Mar, 19-20 Enforcement notices Immunities Mobile homes Time limits 1999109422 724…
83.
Walker v Badcock Court of Appeal (Civil Division), 24 June 1997
Subject: Landlord and tenant
Keywords: Contract terms; Expenses
Where Reported: (1998) 30 H.L.R. 513; [1997] 2 E.G.L.R. 163; [1997] 42 E.G. 180
Documents: Case Analysis (1998) 30 H.L.R. 513
Terms in Context:
…24 June 1997Staughton, L.J. Staughton LJ Mummery, L.J. Mummery LJ (c)Sweet & Maxwell Limited Landlord and tenant Contract terms Expenses mobile homes recovery of site maintenance expenses B occupied a mobile home on a site owned by W under a standard form of agreement prepared with the approval of the National Federation …
…1999) 96(25) L.S.G. 30Warfield Park Homes Ltd v Warfield Park Residents Association [2006] EWCA Civ 283; Official Transcript Mobile Homes Act 1983 (c.34) s.1(2) Mobile Homes Act 1983 (c.34) s.2 Mobile Homes Act 1983 (c.34) s.4 Mobile Homes Act 1983 (c.34) s.5(1)(a) Mobile Homes Act 1983 Part I 1997256176 723…
84.
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:
…to a reconciliation which lasted for some 6 years. At the time of the funeral the Defendants lived in a mobile home which they owned, on a caravan site where they paid a modest ground rent. During 1996 the Defendants sold their then mobile home, bought another and moved to Tretawdy Farm, planning permission having been obtained on a temporary basis to place a mobile home there. They lived in that mobile home on the farm until late 2001. At that time their mobile home was seriously damaged in a storm, and part of the roof came off, so that it was no longer habitable …
…paragraph 12 of the Defence and Counterclaim they assert that the arrangement was that they would move from their then mobile home to live in another mobile home on the farm, so as to be able to tend to the Claimant’s physical needs, provide her with company and…
…which they base their estoppel case. As regards reliance, they say that after the first promise they gave up their mobile home, in respect of which they had security of tenure such as they did not have while in the mobile home at Tretawdy Farm. They moved to the farm, took over all the farming operations, bought additional sheep quota and acquired …
…on his own, he came back and said that she has asked him if we paid ground rent for our mobile home in Ross, and he said, “A little” and she said, “If you came and put a mobile home here in Tretawdy, in the garden, you wouldn’t have to pay ground rent and you could be here for me…
…the First Defendant said this: “65. In 2001 there were heavy gales. These took part of the roof off our mobile home. It meant that the mobile home could not be lived in. We spoke to my Mother about it, and we said that if she wanted we…
85.
Home Energy Assistance Scheme (Scotland) Regulations 2009/48 (Scottish SI)
reg. 2 Interpretation
Version in force from: December 21, 2009 to present (version 2 of 2)
Terms in Context:
…central point“dwelling” includes any self contained part of a building which is occupied as a separate dwelling, and includes mobile homes that have been permanently fixed to a site “electric storage heater” means (a) a free standing storage heater; (b) an …
…Regulations 2009/392 (Scottish SI) reg.3 (December 21, 2009) “energy inefficient dwelling” means (a) a dwelling, other than a mobile home permanently fixed to a site, which does not attain a Standard Assessment Procedure rating of 55 or above; or (b) a mobile home permanently fixed to a site where— (i) the U-value of the walls of the mobile home exceeds 0.5 W/m 2 K; (ii) the U-value of the floor of the mobile home exceeds 0.5 W/m 2 K; (iii) the U-value of the roof of the mobile home exceeds 0.3 W/m 2 K; (iv) the mobile home does not have a central heating system; or (v) the mobile home has a central heating system comprising a non-condensing boiler fuelled by liquid petroleum gas. (c) in paragraph (b) of…
86.
Mobile Homes Act 1983
Citation: J.L.G.L. 2002, 5(6), D120-121
Subject: Contracts
Keywords: Agreements; Caravan sites; Mobile homes; Possession; Termination
Documents: Legal Journals Index Abstract
Terms in Context:
…LJI0000395676JOURNAL OF LOCAL GOVERNMENT LAW 000500060000 Legal Journals Index 1072 Article – Journal Case Comment Mobile Homes Act 1983. J.L.G.L. 2002, 5(6), D120-121 Journal of Local Government Law Contracts Agreements Caravan sites Mobile homes Possession Termination Whether site owner’s right to possession of pitch depended on whether written agreement was validly terminated where it …
…did not address impact of alteration to mobile rather than if extension stopped it from being mobile under 1983 Act.Mobile Homes Act 1983 Howard v Charlton [2002] EWCA Civ 1086; [2003] 1 P. & C.R. 21 (CA (Civ Div…
87.
Crittenden (Warren Park) Ltd v Elliott Court of Appeal (Civil Division), 01 February 1996
Subject: Landlord and tenant
Keywords: Agreements; Car parks; Construction; Mobile homes
Where Reported: (1998) 75 P. & C.R. 20
Documents: Case Analysis (1998) 75 P. & C.R. 20
Terms in Context:
…Crittenden (Warren Park) LtdElliott CRITTENDEN (WARREN PARK) LTD V ELLIOTT (1998) 75 P. & C.R. 20 Crittenden (Warren Park) Ltd …
…Butler-Sloss, L.J.Butler-Sloss LJ Hobhouse, L.J. Hobhouse LJ (c)Sweet & Maxwell Limited Landlord and tenant Agreements Car parks Construction Mobile homes mobile homes construction of agreement governing number of occupiers’ car parking spaces on site communal facility regulated by site owner C owned a mobile home site and E occupied a pitch on the site pursuant to a written agreement. E owned three vehicles which they …
…1987Reardon Smith Line Ltd v Hansen-Tangen (The Diana Prosperity) [1976] 2 Lloyd’s Rep. 60; (1976) 120 S.J. 329 Mobile Homes Act 1983 (c.34) s.1 Mobile Homes Act 1983 (c.34) s.2 Mobile Homes Act 1983 (c.34) s.4 1996291519 723…
88.
Mobile Homes Act 1983 c. 34
Schedule 1 AGREEMENTS UNDER ACT
Part I TERMS IMPLIED BY ACT
Termination by owner
para. 6
Version in force from: November 30, 2007 to present (version 5 of 5)
Terms in Context:
…application under sub-paragraph (1) above— (a) the court considers that— (i) having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it; but (ii) it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it; and (b) the occupier indicates an intention to carry …
…4)forthwith if, on the application of the owner, the court is satisfied that, having regard to its condition, the mobile home— (a) is having a detrimental effect on the amenity of the site; Modified subject to transitional provisions and savings specified in SI 2007/3151 art.4 by Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007/3151 art.2(3) (November 30, 2007: modification has effect subject …
…an application under sub-paragraph (1) above–(a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) Modified subject to transitional provisions and savings specified in SI 2007/3151 art.4 by Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007/3151 art.2(3) (November 30, 2007: modification has effect subject …
…but (b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that Modified subject to transitional provisions and savings specified in SI 2007/3151 art.4 by Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007/3151 art.2(3) (November 30, 2007: modification has effect subject …
…an application under sub-paragraph (1) above–(a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) of that sub-paragraph applies to it, but (b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in sub-paragraph (1)(a) not applying to it, and (c) the occupier indicates that he intends…
89.
Mobile home on agricultural land in breach of planning control – failure to comply with enforcement notice requiring its removal (Case Comment)
Citation: Crim. L.R. 1992, Aug, 589-591
Subject: Planning
Keywords: Enforcement notices; Planning control; Prosecutions
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…LJI00000933651222 Case Comment CRIMLR Criminal Law Review 1992 Aug Mobile home on agricultural land in breach of planning control – failure to comply with enforcement notice requiring its removal Crim. L.R. 1992 …
…use of which was agricultural. She made an application to the local planning authority to enable her to site a mobile home on Twin Acres. It was the policy of the local planning authority that permission would not normally be granted for …
…April 15, 1986. It was subject to the condition that it would expire on April 22, 1987 and that the mobile home should be removed and the land reinstated to its former condition within 6 months of that date. To install the mobile home, the appellant had to construct a paved area, a drainage system and a small apron wall. She did not remove the mobile home or reinstate the land after the planning permission expired. Reminders were sent and finally on January 14, 1988 an enforcement …
…the condition subject to which it had been granted and that to remedy the breach the appellant must remove the mobile home, the bricks and paving surrounding its base. The reason given was that the continued siting of the mobile home on the land was contrary to the authority’s planning policies and would, if allowed to continue, undermine their objectives. Following an appeal against the enforcement notice, the appellant’s time to comply with the notice was further extended but the mobile home was still in place after it had expired. The appellant was charged with an offence under sec Crim. L.R. 590 …
…enforcement notice was, it was argued, to stop this land being used for residential purposes. Had the appellant removed the mobile home and then replaced it with another, she would have complied with the wording of the notice but would have been…
90.
R. (on the application of Needham) v Secretary of State for Communities and Local Government and Herefordshire Council (Case Comment)
Citation: J.P.L. 2008, 7, 1045-1046
Subject: Planning
Keywords: Change of use; Enforcement notices; Farms; Material considerations; Mobile homes
Documents: Full Text Article Legal Journals Index Abstract
Terms in Context:
…and Local Government and Herefordshire CouncilJ.P.L. 2008, 7, 1045-1046 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 …
…foaling and the breeding of racing horses. The appellant wanted to use Church Farm for foaling. He therefore erected a mobile home on Church Farm for his staff, so that the grooming could take place there throughout the foaling period. The local …
…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. The appellant 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 inspector, who heard the appeal concluded that Church Farm was not an entity on its own but part of …
…supervision. The absolutely central issue in the instant case was whether supervision could be provided after the removal of the mobile home. In all the circumstances, the reasoning of the inspector had been inadequate and the decision would be quashed. 3. Accordingly…