enforcement notice re caravan in res curtilage. - Public forum - Planning Advisory Service (PAS)
Open group
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Started - July 2012
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Last activity - Yesterday
enforcement notice re caravan in res curtilage.
Ive put a photo of this on before, we originally backed off serving an EN as things got a bit violent on site with the owner and the police were involved. However, I have had persistant complaints and am now looking at serving EN. The owner lives in mobile home in the front garden and does not appear to be either using the main house at all (its fallen into v bad state of repair) OR undertaking any building works inside or out, so as far as Im concerned cannot take advantage of pd rights. Im having trouble phrasing the breach for the enforcement notice would it be change of use of garden curtilage to use for the siting of a residential caravan? The office is divided on whether we should take enf action and whether it will be successful. Its either that or a 215? Can anyone advise.
Hello Charlotte, People certainly make the job interesting! I'm glad this isn't on my patch! Although we have a few caravans to deal with. I'm still learning, but thought I would share my thoughts and hope to learn from them... What would you be asking in a s215 exactly? and if removal of the caravan was one of the asks, is the council prepared to go in and remove the caravan with the resident living in it? I'm not sure about COU Has the caravan been connected to any of the utilities? Is the caravan at the rear? Are all those vehicles the owners? Are there any environmental or empty homes issues that could also be brought in? What council tax is he paying? I'm happy to ask in the office if you can give more info.
Don't really understand your problem if you are happy he is using it as an independent dwelling serve an enforcement notice on him and see him at appeal.
Charlotte. I'm with Martin on this one if there has (a) been an unauthorised material change of use of land and (b) it is expediant in the public interest (having regard to the provisions of the development plan etc) ... then go ahead and serve the notice! With respect to the allegation it depends on the nature of the breach, which in turn depends on the planning unit that you define by the red line. It sounds from what you have said that no new planning unit has been created so I would probably put the red line around the curtilage of the house and allege a change of use to a use a mixed use of dwelling and caravan site (on the basis that the residential use of the dwelling hasn't been abandoned?). Personally I can't see why you would go down tha S215 route? Mike