Odina v Mackland Ltd County Court (Central London)
27 May 2009
Where Reported
Unreported
Keywords: Caravan sites; Highways; Licences; Licences; Mobile homes; Planning permission; Statutory interpretation
Summary: 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).
Abstract: 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 extension. In accordance with the licence agreement, between O and M’s predecessors, permission was given by the site owners for the extension. When M took over the site O sought permission for 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 agreement and that the breach had 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.
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, Carter v Secretary of State for the Environment [1994] 1 W.L.R. 1212 considered. Movement from one place to another had to be by lawful use of the public highway, which was inferred from s.13 of the 1968 Act, Brightlingsea 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 highway. For lawful towing it would have to be disassembled into three sections and s.13(1) permitted disassembly into no more than two sections. (3) The erection of the existing extension did not constitute a breach of the licence agreement. If constructed the second extension would constitute a breach of the licence agreement.
Judge: HHJ Edward Bailey
Counsel: For the claimants: Nicholas Yell. For the defendant: Leslie Blohm QC.
Solicitor: For the claimants: LGP. For the defendant: Turbervilles.
Significant Cases Cited
Brightlingsea Haven Ltd v Morris
[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript; QBD
Carter v Secretary of State for the Environment
[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; CA (Civ Div)
All Cases Cited
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Brightlingsea Haven Ltd v Morris
[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript; QBD
Carter v Secretary of State for the Environment
[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; CA (Civ Div)
Legislation Cited
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 2003 (SI 2003 1998) art.30