Carter v Secretary of State for the Environment 01 January 1991
Where Reported
[1991] J.P.L. 131
Summary: Caravan; established use certificate for residential caravan; replaced with mobile home; temporary planning permission granted; whether inspector had erred in definition of caravan
Abstract: 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, but a planning inspector allowed the appeal against this, granting temporary planning permission for five years. 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) he had not addressed the substantial issue raised by As as to the effect of s.29(1) of the 1960 Act; and (b) largely because of this failure he had not 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.
Judge: Lionel Read Q.C.
Legislation Cited
Caravan Sites and Control of Development Act 1960 (c.62) s.29(1)
Planning Act 1971 s.246
Planning Act 1971 s.52
Journal Articles
Caravan – mobile home – definition of development – established use certificate.
Caravans; Development; Mobile homes; Planning permission.
J.P.L. 1991, Feb, 131-137