Static Caravan parked securely in a field
Richard Turner-Thomas
and a sewage treatment plant with electrical - water sevices to the
barn.
One year ago I parked a 3 bed static caravan with wheels on adjacent
to the barn and protected it from livestock damage with surround post
and rail wooden fencing.
The caravan is not used for residential purposes and is not connected
to any of the site services.
It is however in a designated area of natural beauty
Two of my immediate neighbours have touring and motor caravans and
there are other static caravans parked in the area
The council have now sent a letter saying they intend to serve an
enforcement notice on me to remove the caravan from my land.
Can you please advise me on the best way of defending against this
enforcement notice and the name of a solicitor with success
in this kind of action would also be appreciated
Also would it help me if I called for a Public Inquiry
Simon Finnigan
news:967dcab3-2cd2-4e05...@y11g2000yqm.googlegroups.com...
I`d imagine a very relevant point would be - why do you have the caravan?
It`s not being used for reisdential purposes, it`s not connected up to any
services and you`ve put a pretty fence round it to make it look nicer (or to
keep livestock away, depending on your point of view :-) ). Are you
looking after it for a friend? Are you storing items in the caravan?
Peter Crosland
news:967dcab3-2cd2-4e05...@y11g2000yqm.googlegroups.com...
The Council will probably defer serving the enforcement notice and give you
the chance to make a planning application. This will cost you over Ł300 plus
any fees you need to pay to a planning consultant to prepare the
application. That application would need to justify satisfactory planning
reasons for retaining the caravan and without a professional to help you
chances of preparing an effective case are minimal. You can also appeal
against the enforcement notice without submitting a planning application.
Realistically you have very little chance of getting permission in an ANOB
wihtout a very good reason. You can of course appeal against refusal and for
a simple application it would normally be dealt with by written submissions
on both sides. You might be able to get the appeal dealt with in public but
the planning authority might ask for you to pay the costs that would run
into four figures. The bottom line is you would be well advise to remove the
caravan now and save yourself a lot of money.
Peter Crosland
Peter Crosland
news:29e576lvu9d26paci...@4ax.com...
> On Mon, 23 Aug 2010 17:40:03 +0100, Richard Turner-Thomas
> <kemb...@gmail.com> wrote:
>
>> The council have now sent a letter saying they intend to serve an
>> enforcement notice on me to remove the caravan from my land.
>> Can you please advise me on the best way of defending against this
>> enforcement notice and the name of a solicitor with success
>> in this kind of action would also be appreciated
>
> to
> achieve. Every time you receive an enforcement notice you simply move the
> caravan. The enforcement is no kind of order or bar on moving it back
> later.
>
>> Also would it help me if I called for a Public Inquiry
>
> permission and then later appeal against the almost inevitable refusal.
> The
> appeal hearing will be open to the public.
Enforcement against a mobile structure is quite possible so the suggestion
that it is almost impossible is simply wrong as many have found to their
cost. The enforcement notice will prohibit the caravan being sited anywhere
within the planning unit i.e. the field concerned. Appeal hearings on
relatively minor matters such as this are usually dealt with by written
submissions. The purpose of this is to waste as little public money on
hopeless cases as possible. If the applicant insists on a public hearing he
may well be expected to pay the costs of such a hearing if he loses.
Peter Crosland
robert
Peter Crosland
> On Mon, 23 Aug 2010 19:50:04 +0100, "Peter Crosland" <g6...@yahoo.co.uk>
> wrote:
>
>> Enforcement against a mobile structure is quite possible so the
>> suggestion
>> that it is almost impossible is simply wrong as many have found to their
>> cost. The enforcement notice will prohibit the caravan being sited
>> anywhere
>> within the planning unit i.e. the field concerned.
>
> end
> of the enforcement. Moving the caravan back resets the status and the
> cycle
> can repeat. An enforcement action is not an order against future conduct
> and
> I do not believe that local planning authorities have any powers to make
> such
> a restraining order.
>
>> Appeal hearings on
>> relatively minor matters such as this are usually dealt with by written
>> submissions. The purpose of this is to waste as little public money on
>> hopeless cases as possible. If the applicant insists on a public hearing
>> he
>> may well be expected to pay the costs of such a hearing if he loses.
>
The enforcement order will apply to the whole field as this is the planning
unit it applies to. Removing it and subsequently replacing it means the
order has been breached again. If need be the Council can go to court and
get an injunction. This has happened locally on several occasions. A public
discussion is quite different from a Public Enquiry and the OP is unlikely
to get one under the circumstances. Of course the OP may choose to waste his
own, and public, money but it not a sensible course of action.
Peter Crosland
Peter Crosland
> On Mon, 23 Aug 2010 20:50:14 +0100, "Peter Crosland" <g6...@yahoo.co.uk>
> wrote:
>
>> The enforcement order will apply to the whole field as this is the
>> planning
>> unit it applies to.
>
>
>> Removing it and subsequently replacing it means the
>> order has been breached again.
>
> offensive vehicle merely gives rise a cause for a brand new action.
>
>> If need be the Council can go to court and
>> get an injunction. This has happened locally on several occasions.
>
With respect you seem to have missed the point about planning units. The
planning unit would cover the whole field not just the part that the
caravan, or whatever other structure, stands on. Simply moving the caravan
from one part of the field to another does not represent compliance with the
order. In any case if the caravan is removed and then replaced a few weeks
later the council could simply issue another enforcement notice. What has
happened locally is that the Council then obtained a permanent injunction
that made the enforcement notice effectively permanent. The principle is the
same regardless of the structure being mobile or permanent. Locally a
bungalow was eventually demolished after enforcement notices and repeated
appeals.
Peter Crosland
steve robinson
You need planning permission to permantly site a static caravan .
If you are storing it on a tempary basis , repairing it or modifying
it you have a reasonable defence .
Having it sitting there for 12 months gives the impression your
intentions are to leave it there
Touring and motor caravans are treated differently to static units
steve robinson
> On Mon, 23 Aug 2010 17:40:03 +0100, Richard Turner-Thomas
> <kemb...@gmail.com> wrote:
>
> > The council have now sent a letter saying they intend to serve an
> > enforcement notice on me to remove the caravan from my land.
> > Can you please advise me on the best way of defending against this
> > enforcement notice and the name of a solicitor with success
> > in this kind of action would also be appreciated
>
> Enforcement over a temporary or mobile structure is virtually
> impossible to achieve. Every time you receive an enforcement
> notice you simply move the caravan. The enforcement is no kind of
> order or bar on moving it back later.
>
> > Also would it help me if I called for a Public Inquiry
>
> If you want a public airing of this matter then simply apply for
> planning permission and then later appeal against the almost
> inevitable refusal. The appeal hearing will be open to the public.
>
> Tony
Is a Static caravan treated as a mobile structure
Peter Crosland
> On Mon, 23 Aug 2010 22:40:04 +0100, "Peter Crosland" <g6...@yahoo.co.uk>
> wrote:
>
>> "Anthony R. Gold" <not-fo...@ahjg.co.uk> wrote in message
>> news:f4o5769jcph0bnsa8...@4ax.com...
>>> On Mon, 23 Aug 2010 20:50:14 +0100, "Peter Crosland" <g6...@yahoo.co.uk>
>>> wrote:
>> With respect you seem to have missed the point about planning units. The
>> planning unit would cover the whole field not just the part that the
>> caravan, or whatever other structure, stands on. Simply moving the
>> caravan
>> from one part of the field to another does not represent compliance with
>> the
>> order. In any case if the caravan is removed and then replaced a few
>> weeks
>> later the council could simply issue another enforcement notice.
>
> then be commenced. And because this can be an endless cycle, enforcement
> can
> be virtually impossible with a sufficiently persistent "offender".
>
>> What has
>> happened locally is that the Council then obtained a permanent injunction
>> that made the enforcement notice effectively permanent.
>
> any
> claim of damages let alone one of irreparable harm? Not in this green and
> pleasant land, I'm glad and proud to say.
>
>> The principle is the
>> same regardless of the structure being mobile or permanent. Locally a
>> bungalow was eventually demolished after enforcement notices and repeated
>> appeals.
>
> mobile one if an enforcement order is flouted. But when the owner removes
> their caravan it is not being flouted - he is in full and total
> compliance.
>
> Peter, let's just agree to differ instead of endlessly repeating
> ourselves?
I think the problem is between theory and practice. To cut a long story
short the local case was eventually decided when the court stated that it
was an abuse of process to continue the cycle to repeatedly do this thus
making the order effectively permanent. A similar processed has been
dragging on for the last five or six years at another local site involving
gypsies. As far as I am concerned the facts speak for themselves.
Peter Crosland