Howard v Charlton Court of Appeal (Civil Division), 25 July 2002
Subject: Planning
Keywords: Agreements; Caravan sites; Mobile homes; Possession; Termination
Where Reported: [2002] EWCA Civ 1086; [2003] 1 P. & C.R. 21; [2002] 3 E.G.L.R. 65; [2002] 39 E.G. 150; [2002] 31 E.G. 98 (C.S.); (2002) 99(37) L.S.G. 38; (2002) 146 S.J.L.B. 201; [2002] N.P.C. 104; Times, August 19, 2002; Official Transcript
Documents: Case Analysis [2003] 1 P. & C.R. 21 Official Transcript
Terms in Context:
…25 July 2002Ward, L.J. Ward LJ Clarke, L.J. Clarke LJ Carnwath, L.J. Carnwath LJ (c)Sweet & Maxwell Limited Planning Agreements Caravan sites Mobile homes Possession Termination caravan sites mobile homes porch extension relevance of need for “mobility” H, the owner of a licensed caravan site, appealed against the rejection of her claim that C, the occupier of a plot on the site, had, by attaching a porch extension to her mobile home, ceased to reside in a mobile home and therefore was not entitled to the statutory protection afforded by the Mobile Homes Act 1983 In 1991, C had acquired and begun to reside in a purpose built caravan on the site further to a standard form written agreement. The following year, she had attached the bolt on porch extension having obtained planning permission. H had acquired the site in 1999. Claimant owned caravan situated on defendant#s site under lease agreement protected by Mobile Homes Act 1983 – Owner of site sought possession of claimant#s site on basis that home no longer mobile following addition of porch extension and had therefore ceased to enjoy statutory protection – Site owner not entitled to possession – Termination …
…held home – Agreement contained specific provisions for termination by owner none of which was that structure had ceased to be mobile home – Question was not whether the caravan remained mobile home but whether agreement to station mobile home had been validly terminated in accordance with its terms.Held, dismissing the appeal, that although the judge had correctly determined that the extension had not changed the mobility aspect of C’s home within the Caravan Sites and Control of Development Act 1960 s.29 , the correct question to be determined, was whether there had been …
…of the agreement by which C’s home was situated on the site. The agreement was for the stationing of a mobile home within the definitions of the 1983 Act. The caravan was still on the site and the extension was within the scope of the agreement, therefore there was no valid …
…Brightlingsea Haven Ltd v Morris[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript Caravan Sites Act 1968 (c.52) Part .1 Caravan Sites Act 1968 (c.52) Part IV Caravan Sites Act 1968 (c.52) Sch.1 Caravan Sites Act 1968 (c.52) s.1 Caravan Sites Act 1968 (c.52) s.1(1) Caravan Sites Act 1968 (c.52) s.2 Caravan Sites Act 1968 (c.52) s.3 Caravan Sites Act 1968 (c.52) s.13 Caravan Sites Act 1968 Part I Caravan Sites Act 1968 Part II Caravan Sites Act 1968 Part III Caravan Sites and Control of Development Act 1960 (c.62) s.29 Mobile Homes Act 1983 (c.34) Mobile Homes Act 1983 (c.34) s.1 Mobile Homes Act 1983 (c.34) s.2 Mobile Homes Act 1983 (c.34) s.3 Mobile Homes Act 1975 (c.49) Motor Vehicles (Authorisation of Special Types) General Order 1979 (SI 1979 1198) s.29 Motor …
…Road Vehicles (Construction and Use) Regulations 1986, and the Motor Vehicles (Authorisation of Special Types) General Order 1979 (SI 1979 )Mobile Homes Act 1983. J.L.G.L. 2002, 5(6), D120-121 Agreements Caravan sites Mobile homes Possession Termination Mobile Homes Act 1983. J.H.L. 2002, 5(6), D101 Agreements Caravan sites Mobile homes Possession proceedings Termination The mobility of mobile homes and the Mobile Homes Act 1983. H.L.M. 2002, 9(9), 4-6 Agreements Caravan sites Mobile homes Possession Termination 2002421071 723…
2.
Balthasar v Mullane Court of Appeal (Civil Division), 19 July 1985
Subject: Housing
Keywords: Caravans; Planning permission; Possession
Where Reported: (1985) 17 H.L.R. 561; 84 L.G.R. 55; (1986) 51 P. & C.R. 107; [1985] 2 E.G.L.R. 260; [1986] J.P.L. 751
Documents: Case Analysis (1985) 17 H.L.R. 561 (1986) 51 P. & C.R. 107
Terms in Context:
…BalthasarMullane BALTHASAR & ORS V MULLANE & ANOR (1985) 17 H.L.R. 561 84 L.G.R. 55 (1986) 51 P. & C.R …
…Division)UK United Kingdom Official 19 July 1985 Neill, L.J. Neill LJ Glidewell, L.J. Glidewell LJ (c)Sweet & Maxwell Limited Housing Caravans Planning permission Possession Mobile home protected site A “protected site” for the purposes of the Mobile Homes Act 1983 s. 1(2) means one where planning permission has been granted for one or more mobile homes to be set up upon it. D stationed their mobile home, a caravan, on part of P’s land and occupied the caravan as their only residence. No planning permission had been granted for the stationing of the caravan. D occupied the site pursuant to a gratuitous and temporary permission granted by P. P later revoked their permission, and …
…refused to move, obtained a county court order for possession. D appealed on the ground that their occupation of the caravan was protected by the Mobile Homes Act 1983 and that they were entitled to an agreement pursuant to the Act to continue to station their caravan there. Held, dismissing the appeal that the words “protected site” for the purposes of section 1(2) of the Mobile Homes Act 1983 meant a site in respect of which planning permission had been granted for the stationing of one or more caravans thereon. Since no such permission had been granted in respect of this land, D did not qualify for protection under …
…2001] 42 E.G. 137 (C.S.); [2001] N.P.C. 148; Official TranscriptAdams v Brown (1989) 86(46) L.S.G. 39; Official Transcript Caravan Sites Act 1968 (c.52) Part .1 Caravan Sites Act 1968 (c.52) s.1 Caravan Sites Act 1968 (c.52) s.1(2) Caravan Sites Act 1968 Part I Caravan Sites and Control of Development Act 1960 (c.62) s.1 Caravan Sites and Control of Development Act 1960 (c.62) s.1(1) Caravan Sites and Control of Development Act 1960 (c.62) s.2 Caravan Sites and Control of Development Act 1960 (c.62) s.3 Caravan Sites and Control of Development Act 1960 (c.62) s.3(3) Caravan Sites and Control of Development Act 1960 (c.62) s.3(4) Caravan Sites and Control of Development Act 1960 (c.62) s.6 Caravan Sites and Control of Development Act 1960 Part I Mobile Homes Act 1983 (c.34) Mobile Homes Act 1983 (c.34) s.1(2) Mobile Homes Act 1975 (c.49) Mobile Homes Act 1983 Part 1 Mobile Homes Act 1983 Part I Mobile Homes Act 1983 Part I Mobile Homes Act 1983 s.1 Mobile Homes Act 1983 (c.34) s.1 Mobile Homes Act 1983 s.1(1) Mobile Homes Act 1983 (c.34) s.1(1) Mobile Homes Act 1983 s.2 Mobile Homes Act 1983 (c.34) s.2 Mobile Homes Act 1983 s.5 Mobile Homes Act 1983 (c.34) s.5 Mobile Homes Act 1983 s.5(1) Mobile Homes Act 1983 (c.34) s.5(1) Town and Country Planning Act 1947 Town and Country Planning Act 1971…
3.
Greenwich LBC v Powell Court of Appeal (Civil Division), 23 February 1988
Subject: Local government; Housing
Keywords: Accommodation; Caravan sites; Gypsies; Mobile homes; Occupation; Statutory interpretation
Where Reported: (1988) 20 H.L.R. 411; (1989) 57 P. & C.R. 49; (1988) 152 L.G. Rev. 911; [1988] E.G. 27 (C.S.)
Documents: Case Analysis (1988) 20 H.L.R. 411 (1989) 57 P. & C.R. 49
Terms in Context:
…United Kingdom23 February 1988 Purchas, L.J. Purchas LJ Heilbron, J. Heilbron J (c)Sweet & Maxwell Limited Local government Housing Accommodation Caravan sites Gypsies Mobile homes Occupation Statutory interpretation Caravan site accommodation for gipsies interpretation of definition of gipsies In deciding whether a site is “a caravan site providing accommodation for gipsies” within the Mobile Homes Act 1983 s.5(1) , it is necessary to decide whether at the relevant time the land in question was occupied as a caravan site providing accommodation on a continuing basis for gipsies. Gipsies are defined by the Caravan Sites Act 1968 s.16 as “persons of a nomadic habit of life”-a contemporaneous definition which must apply to …
…T.L.R. 623; (1948) 112 J.P. 55; 45 L.G.R. 635; [1948] L.J.R. 190; (1947) 177 L.T. 641; (1948) 92 S.J. 26Caravan Sites Act 1968 (c.52) s.1(2) Caravan Sites Act 1968 (c.52) s.1(2) Caravan Sites Act 1968 (c.52) s.6 Caravan Sites Act 1968 (c.52) s.10 Caravan Sites Act 1968 (c.52) s.11 Caravan Sites Act 1968 (c.52) s.12 Caravan Sites Act 1968 (c.52) s.12 Caravan Sites Act 1968 (c.52) s.16 Caravan Sites Act 1968 (c.52) s.16 Caravan Sites Act 1968 Part I Caravan Sites Act 1968 Part II Caravan Sites and Control of Development Act 1960 (c.62) s.6 Caravan Sites and Control of Development Act 1960 (c.62) s.6(1) Caravan Sites and Control of Development Act 1960 (c.62) s.10 Caravan Sites and Control of Development Act 1960 (c.62) s.11 Caravan Sites and Control of Development Act 1960 (c.62) s.12 Caravan Sites and Control of Development Act 1960 (c.62) s.16 Caravan Sites and Control of Development Act 1960 (c.62) s.24 Caravan Sites and Control of Development Act 1960 Part I Caravan Sites and Control of Development Act 1960 Part II Caravans Sites Act 1968 Part I Caravans Sites Act 1968 Part II County Court Rules 1981 (SI 1981 1687) Gipsy Encampments (Designation of the London Borough of Greenwich) Order 1974 (SI 1974 ) Greenwich (Harrow Manorway) Compulsory Order 1967 (SI 1967 ) Mobile Homes Act 1983 (c.34) s.9(1) Mobile Homes Act 1983 (c.34) s.1(1) Mobile Homes Act 1983 (c.34) s.1(2) Mobile Homes Act 1983 (c.34) s.5 Mobile Homes Act 1983 (c.34) s.5(1) Mobile Homes Act 1975 (c.49) s.1 Protection from Eviction Act 1977 (c.43) “Protected sites” and the Mobile Homes Act 1983. L.G. Rev. 1988, 152(16), 301-302 Caravan sites Gypsies Local authorities powers and duties Possession of land 1988183096 723…
4.
Berkeley Leisure Group Ltd v Hampton Court of Appeal (Civil Division), 05 October 2001
Subject: Real property
Keywords: Caravans; Caravan sites; Housing; Mobile homes; Planning permission; Security of tenure
Where Reported: [2001] EWCA Civ 1474; [2001] 42 E.G. 137 (C.S.); [2001] N.P.C. 148; Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…Berkeley Leisure Group LtdHampton BERKELEY LEISURE GROUP LTD V FREDERICK ROY HAMPTON [2001] EWCA Civ …
…05 October 2001Peter Gibson, L.J. Gibson, Peter, LJ Robert Walker, L.J. Walker, Robert, LJ (c)Sweet & Maxwell Limited Real property Caravan sites Caravans Housing Mobile homes Planning permission Security of tenure The general approach of determining whether an individual caravan dweller was “protected” in terms of the Caravan Sites Act 1968 s.1(2) and the Mobile Homes Act 1983 s.1(1) required consideration of individual circumstances even if there were neighbours with protection on the …
…3 All E.R. 114; 84 L.G.R. 225; (1985) 50 P. & C.R. 437; (1985) 82 L.S.G. 2741; (1985) 129 S.J. 653Caravan Sites Act 1968 (c.52) Caravan Sites Act 1968 (c.52) Part 1 Caravan Sites Act 1968 (c.52) s.1(2) Caravan Sites and Control of Development Act 1960 (c.62) Part 1 Caravan Sites and Control of Development Act 1960 (c.62) Sch.1 para.10 Caravan Sites and Control of Development Act 1960 (c.62) s.1 Caravan Sites and Control of Development Act 1960 (c.62) s.1(4) Caravan Sites Act 1968 (c.52) s.1(4) Caravan Sites and Control of Development Act 1960 (c.62) s.12 Caravan Sites and Control of Development Act 1960 (c.62) s.12(1) Caravan Sites and Control of Development Act 1960 (c.62) s.9 Interpretation Act 1978 (c.30) s.6 Mobile Homes Act 1983 (c.34) Mobile Homes Act 1983 (c.34) Sch.1 para.3 Mobile Homes Act 1983 (c.34) Sch.1 para.4 Caravan Sites and Control of Development Act 1960 (c.62) s.1(1) Mobile Homes Act 1983 (c.34) s.1(1) Mobile Homes Act 1983 (c.34) s.1(1)(a) Mobile Homes Act 1983 (c.34) s.2(1) Mobile Homes Act 1983 (c.34) Sch.1 Mobile Homes Act 1983 (c.34) s.3(3) Mobile Homes Act 1983 (c.34) s.3(4) Caravan Sites and Control of Development Act 1960 (c.62) s.5 Mobile Homes Act 1983 (c.34) s.5 Mobile Homes Act 1975 (c.49) Part 1 Protection from Eviction Act 1977 (c.43) Public Health Act 1936 (c.49 …
…c.8) Part 7Town and Country Planning Act 1990 (c.8) s.106 Planning. J.L.G.L. 2002, 5(1), D8 Caravan sites Mobile homes Security of tenure 2001509677 723…
5.
Carter v Secretary of State for the Environment Court of Appeal (Civil Division), 14 March 1994
Subject: Planning
Keywords: Caravans
Where Reported: [1994] 1 W.L.R. 1212; 92 L.G.R. 473; [1994] 29 E.G. 124; [1994] E.G. 58 (C.S.); Times, April 6, 1994; Independent, April 4, 1994
Documents: Case Analysis [1994] 1 W.L.R. 1212
Terms in Context:
…CarterSecretary of State for the Environment CARTER & ANOR. V SECRETARY OF STATE FOR THE ENVIRONMENT & ANOR. [1994] 1 W.L.R …
…March 1994Sir Stephen Brown Brown, Sir Stephen Russell, L.J. Russell LJ Roch, L.J. Roch LJ (c)Sweet & Maxwell Limited Planning Caravans Caravan panels bolted together on a concrete base whether a caravan statutory interpretation A mobile home consisting of four units bolted together is not a caravan. C had permission to site a caravan for human habitation on their small-holding. This they replaced with a mobile home, built from four units which were bolted together, resting on a concrete base. The mobile home had no wheels or subframe. Planning permission to retain it was refused, and the case was remitted to the High Court to determine whether the structure was a caravan. The Secretary of State decided it was not, and C appealed. Held, that the Secretary of State was entitled to find within the terms of the Caravan Sites and Control of Development Act 1960 s.29(1) , that the mobile home was not a caravan, as it did not possess the quality of mobility, and could not have been towed away by a trailer or single vehicle. C John Hobson. Secretary of State Alice …
…2006052517454220060525174542 20060525174542 20060628150122 20060525174542 20060525174542 20060525174542 20060525174542 Wyre Forest DC v Secretary of State for the Environment and Allen’s Caravans (Estates) [1990] 2 A.C. 357; [1990] 2 W.L.R. 517; [1990] 1 All E.R. 780; (1990) 60 P. & C.R. 195; [1990 …
…R. (on the application of Green) v First Secretary of State[2005] EWCA Civ 1727; [2006] J.P.L. 1185; Official Transcript Caravan Sites and Control of Development Act 1960 (c.62) s.52 Caravan Sites and Control of Development Act 1960 (c.62) s.29 Caravan Sites and Control of Development Act 1960 (c.62) s.29(1) Planning and Compensation Act 1991 (c.34) Town …
…s.288Town and Country Planning Act 1990 (c.8) s.289 Town and Country Planning Act 1971 s.246 Caravan Sites and Control of Development Act 1960, s.29 – caravan – established use certificate – replaced by mobile home – four prefabricated sections bolted together – positioned on concrete blocks. J.P.L. 1995, Apr, 311-317 Planning control Statutory interpretation When is a caravan not a caravan? L.G.C. 1994, Oct 28, 24 Caravans Planning control Statutory interpretation Caravan defined – again. L.G. and L. 1994, 4(5), 12 Caravans Planning control Statutory interpretation 1994260843 723…
6.
Runnymede BC v Secretary of State for the Environment Queen’s Bench Division, 28 February 1991
Subject: Planning
Keywords: Caravan sites; Green belt; Gypsies; Mobile homes; Planning permission
Where Reported: [1992] J.P.L. 178
Documents: Case Analysis
Terms in Context:
…QBDQueen’s Bench Division UK United Kingdom 28 February 1991 Lionel Read Q.C. Read, Lionel, QC (c)Sweet & Maxwell Limited Planning Caravan sites Green belt Gypsies Mobile homes Planning permission Green Belt permission to retain mobile home gypsy site whether definition of gypsy status a question of law An inspector granted permission for S to retain a mobile home within Green Belt land. S had been identified as a gypsy according to the Caravan Sites Act 1968 s.16 , and Circular 28/77, para.32, conceded that it might be necessary to permit the …
…Act, and also that a person’s gypsy status could change from time to time. It was also observed that one mobile home could constitute a gypsy site for the purposes of Circular 28/77. 20060525173717 20060525173717 20060525173717 20060628150432 20060628150432 20060628150432 20060525173717 20060525173717 20060525173717 20060525173717 20060628150432 20060525173717 20060525173717 20060525173717 20060525173717 Caravan Sites Act 1968 (c.52) s.16 Planning Act 1971 s.245 Enforcement – caravan on agricultural land – gypsy status – interpretation. J.P.L. 2000, Feb, 161-171 Caravan sites Gypsies Planning permission Caravans and gipsies. P.E.L.B. 1992, 2(1), 3-4 Caravan sites Green belt Gypsies Mobile homes Planning permission Green Belt – mobile home – gipsy status. J.P.L. 1992, Feb, 178-180 Caravan sites Green belt Gypsies Mobile homes Planning permission 1992234986 724…
7.
Adams v Brown Court of Appeal (Civil Division), 01 January 1989
Subject: Planning
Keywords: Caravan sites; Enforcement notices; Mobile homes; Planning permission; Repossession
Where Reported: (1989) 86(46) L.S.G. 39; Official Transcript
Documents: Case Analysis Official Transcript
Terms in Context:
…0CA (Civ Div) Court of Appeal (Civil Division) UK United Kingdom Official 01 January 1989 (c)Sweet & Maxwell Limited Planning Caravan sites Enforcement notices Mobile homes Planning permission Repossession Caravan sites planning permission lapsed whether a protected site A caravan site for which planning permission had lapsed was not a protected site for the purposes of the Mobile Homes Act 1983 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 20060525170402 Balthasar v …
…Eaglestone76 L.G.R. 308; (1977) 34 P. & C.R. 311; (1977) 245 E.G. 572; [1978] J.P.L. 307; [1978] Crim. L.R. 161 Caravan Sites Act 1968 (c.52) Caravan Sites Act 1968 (c.52) Part 1 Caravan Sites Act 1968 (c.52) Sch.1 Caravan Sites Act 1968 (c.52) s.1(1) Caravan Sites Act 1968 (c.52) s.1(2) Caravan Sites Act 1968 (c.52) s.3 Caravan Sites Act 1968 (c.52) s.2 Caravan Sites Act 1968 (c.52) s.4(1) Caravan Sites Act 1968 (c.52) s.4(3) Caravan Sites Act 1968 (c.52) s.4(6) Caravan Sites Act 1968 (c.52) s.3(3) Caravan Sites and Control of Development Act 1960 (c.62) Caravan Sites and Control of Development Act 1960 (c.62) Part 1 Mobile Homes Act 1983 (c.34) Sch.1 para.2 Mobile Homes Act 1983 (c.34) Mobile Homes Act 1975 (c.49) Rent Act 1977 (c.42) Town and Country Planning Act 1947 (c.51) Town and Country Planning Act 1947 (c.51) s.6 Caravan Sites Act 1968 (c.52) s.6 Town and Country Planning Act 1947 (c.51) s.87 Caravan conundrum. L.G. Rev. 1989, 153(49), 962 Caravan sites Enforcement notices Mobile homes Planning permission Precedent 1989190426 723…
8.
Measor v Secretary of State for the Environment, Transport and the Regions Queen’s Bench Division, 06 August 1998
Subject: Planning
Keywords: Bias; Buildings; Caravans; Planning control
Where Reported: [1998] 4 P.L.R. 93; [1999] J.P.L. 182
Documents: Case Analysis
Terms in Context:
…Bench DivisionUK United Kingdom 06 August 1998 Judge Purchas Q.C. Purchas, HHJ, QC (c)Sweet & Maxwell Limited Planning Bias Buildings Caravans Planning control caravans enforcement notices relevant limitation period whether caravans could be considered “buildings” M purchased a motel standing in about 10.5 hectares of land in 1984. In January 1995 M applied for a lawful use certificate for the stationing of six mobile caravans and 12 touring caravans for residential use at the site. The application was refused in May 1995. Enforcement notices were issued in July 1995 …
…balance of probabilities there had been no settled and definable use of the site for the stationing of permanent residential caravans or as a touring caravan site 10 years before the application was made or the notices were issued. In rejecting the contention that the caravans were “buildings” and that there had been a change of use of those “buildings” to use as a single dwellinghouse …
…limitation period on enforcement would have applied under s.171B(2) of the 1990 Act, the inspector concluded that the caravans remained mobile or potentially mobile within the meaning of the Caravan Sites and Control of Development Act 1960 s.29(1) His recommendation that the appeal be dismissed was accepted by …
…p. Elitestone LtdR. v Swansea City Council Ex p. Elitestone Ltd (1993) 66 P. & C.R. 422 applied. Generally, a mobile caravan would not satisfy that definition, having regard to factors of permanence and attachment. On the findings of fact by the inspector, there were ample grounds for his conclusion that the caravans did not constitute “buildings” within the meaning of s.336(1) of the 1990 Act; (2) the definition of “caravan” in s.29(1) of the 1960 Act was applied to the definition of “caravan site” in s.336(1) of the 1990 Act. That required consideration whether a particular structure was mobile or potentially mobile in the context of the relevant legislation. It would offend the purpose of s.55(1) and Part III and Part IV of the 1990 Act for the control of development to conclude that all caravans were structures and therefore “buildings”. The provisions of s.336(1) of the 1990 Act did not require the application of the definition of “caravan site” to the definition of “building”; (3) further, it would conflict with the purpose of the 1990 Act to treat mobile caravans as buildings as of right, and in the instant case the caravans lacked the degree of permanence and attachment to constitute buildings, and (4) as to bias, the correct test was whether …
…Act 1990 Part IIITown and Country Planning Act 1990 Part IV Current topics (March) J.P.L. 2005, Mar, 267-272 Caravan sites Caravans Discrimination Green belt Gypsies Operational development Planning control Protection of property Mobile caravans – used as permanent residences – definition of building. J.P.L. 1999, Feb, 182-195 Buildings Caravans Enforcement notices Immunities Time limits 1998264610 724…
9.
Odina v Mackland Ltd County Court (Central London), 27 May 2009
Subject: Housing; Road traffic; Planning
Keywords: Caravan sites; Highways; Licences; Licences; Mobile homes; Planning permission; Statutory interpretation
Where Reported:
Documents: Case Analysis Lawtel Transcript
Terms in Context:
…Central London)UKEW England and Wales Approved 27 May 2009 HHJ Edward Bailey Bailey, Edward, HHJ Housing Road traffic Planning Caravan sites Licences Planning permission Statutory interpretation Mobile homes Licences Highways Caravan sites Mobile homes Movement of mobile home by lawful use of public highway Breach of licence agreement The claimants (O) sought various declarations in relation to their mobile home and an extension to that home against the defendant (M). O’s mobile home was originally a single unit until O applied for, and was granted, planning permission to incorporate a single storey …
…the erection of a further extension and planning permission was granted. M stated that it was not satisfied that the mobile home was mobile or satisfied the statutory definition of a mobile home and required O to undertake a survey. The surveyor was of the opinion that as the mobile home was standing on jacks as opposed to a chassis it was not mobile. O was subsequently served with a notice under the terms of the licence stating that the extension breached the licence …
…to be rectified by removing the extension. Permission for the further extension was refused. O sought declarations that (i) their mobile home satisfied the statutory definition of caravan within the meaning of the Caravan Sites and Control of Development Act 1960 s.29(1) and the Caravan Sites Act 1968 s.13 ; (ii) the proposed further extension did not breach the licence agreement. A mobile home and an extension was too wide to be moved lawfully on the public highway; however, if disassembled into two components each could lawfully be moved and, as such, fell within the statutory definition of caravan under the Caravan Sites and Control of Development Act 1960 s.29(1) Judgment accordingly. (1) To be within the statutory definition of s.29(1) of the 1960 Act O’s mobile home in its existing or its proposed state had to be capable of being moved from one place to another …
…Ltd v MorrisBrightlingsea Haven Ltd v Morris [2008] EWHC 1928 (QB), [2009] 2 P. & C.R. 11 considered. However, O’s mobile home was too wide to be moved as a single structure lawfully on the public highway under the Road Vehicles (Authorisation of Special Types) (General) Order 2003 art.30 Accordingly, O’s mobile home could not be lawfully carried or towed on a public highway in its present assembled state. However, when disassembled each section could be carried or towed lawfully on a public highway. Whilst the original caravan and the existing extension were not together designed and constructed as a single unit that was not a requirement for s.13. By relying on the twin-unit provisions under s.13(1) the mobile home came within the statutory definition. (2) The addition of a second extension would take O’s mobile home outside the statutory definition. As assembled the entire structure could not lawfully be towed or carried on the public …
…Brightlingsea Haven Ltd v Morris[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript Caravan Sites Act 1968 (c.52) s.13 Caravan Sites Act 1968 (c.52) s.13(1) Caravan Sites and Control of Development Act 1960 (c.62) s.29(1) Road Vehicles (Authorisation of Special Types) (General) Order…
10.
Adams v Watkins Court of Appeal (Civil Division), 10 November 1989
Subject: Housing; Planning
Keywords: Caravan sites; Planning permission
Where Reported: (1990) 22 H.L.R. 107; (1990) 60 P. & C.R. 72; [1990] 2 E.G.L.R. 185; [1990] 30 E.G. 89; [1990] J.P.L. 657
Documents: Case Analysis (1990) 22 H.L.R. 107 (1990) 60 P. & C.R. 72
Terms in Context:
…1989Mustill, L.J. Mustill LJ Farquharson, L.J. Farquharson LJ Sir Michael Kerr Kerr, Sir Michael (c)Sweet & Maxwell Limited Housing Planning Caravan sites Planning permission Protected site caravan site A site cannot be protected unless planning permission for the relevant user has been obtained and is in force. P’s predecessor had obtained planning permission for use of land as a caravan site, subject to the condition that the use as such should cease by December 31, 1977. A site licence was granted subject to an identical condition. In breach of the condition the site continued to be used for caravans after that date. No further planning permissions or site licences were granted. In 1987 the site was purchased by P …
…76 L.G.R. 308; (1977) 34 P. & C.R. 311; (1977) 245 E.G. 572; [1978] J.P.L. 307; [1978] Crim. L.R. 1611. Mobile Homes Act 1983 2. Caravan Sites Act 1968 3. Caravan Sites and Control of Development Act 1960 4. Mobile Homes Act 1975 6. Town and Country Planning Act 1947 Caravan Sites Act 1968 (c.52) s.1(2) Caravan Sites Act 1968 (c.52) s.3 Caravan Sites Act 1968 (c.52) s.3(3) Caravan Sites Act 1968 (c.52) s.4(3) Caravan Sites Act 1968 Caravan Sites Act 1968 Part I Caravan Sites and Control of Development Act 1960 (c.62) Part .1 Caravan Sites and Control of Development Act 1960 (c.62) s.1(1) Caravan Sites and Control of Development Act 1960 (c.62) s.6 Caravan Sites and Control of Development Act 1960 Caravan Sites and Control of Development Act 1960 Part I Mobile Homes Act 1983 (c.34) Mobile Homes Act 1975 (c.49) s.1(1) Mobile Homes Act 1975 (c.49) s.2 Mobile Homes Act 1975 Rent Act 1977 (c.42) Town and Country Planning Act 1947 Town and Country Planning Act 1947 …
…s.4Town and Country Planning Act 1947 s.4(6) Town and Country Planning Act 1947 s.87 Residential caravans – no planning permission or site licence – proceedings for possession. J.P.L. 1990, Sep, 657-665 Caravan sites Occupancy Planning permission Termination 1990193586 723…
