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enforcement caravan

Neil Howard, modified 3 Months ago.

enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

 We have a mobile home in an agricultural field joining our new house it was used during the build, the council confirmed that it did not require permission as it is a caravan. We added an extension that changed the caravan in to a building and the council served an enforcement notice on it, so we removed the extension changing it back to the original caravan. It is now used to store  agricultural equipment for our smallholding. The notice stated remove the building but it is now a caravan. Have we done anything unlawful as we do not want to end up in court, I realise that this is a very complicated question that may well have not been asked before so any advice would be much appreciated.

Many Thanks

Neil

nicholas waring, modified 3 Months ago.

RE: enforcement caravan

Enthusiast Posts: 29 Join Date: 21/01/12 Recent Posts

whilst we may offer our opinions, it seems to me your best course is to have this discussion with the local authority.

- a mobile home did not require permission as it is a caravan;

- you changed this to a building;

- the council served an enforcement notice on it, so you changed it back to the original caravan;

- have you informed the council of this? do they acknowledge this?

best explain fully, and always consider how a judge might view the situation IF you end up in court. but the enforcement process if usually quite slow and give all parties plenty of time to reflect.

Ted Slevin, modified 3 Months ago.

RE: enforcement caravan

Enthusiast Posts: 43 Join Date: 24/01/17 Recent Posts

There are basically 2 ways to allow the caravan to stay 

1). The caravan is in the curtalage of the property this can be only used as ancilery to the house and not rented out to a seperate person

2) as an agricultural building for use for agricultural purposes but not lived in overnight or used for storage not associated with farming

you need to choose one of these and inform the council which should give them no grounds for objection

I am finding it increasingly common for councils object 

which can happen with councils deskilling and not being familiar with the rules or just bluffing when they know their aproach will not stand you objection

 

Neil Howard, modified 3 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts
Thank you very much for your advice.
Neil Howard, modified 3 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

The council have been informed that it is now a caravan used for agricultural purposes and have given me 8 week to remove it.

Thanks again

Neil 

nicholas waring, modified 3 Months ago.

RE: enforcement caravan

Enthusiast Posts: 29 Join Date: 21/01/12 Recent Posts

There are basically 2 ways to allow the caravan to stay 

Following Ted's assessment it seems 2) The caravan is in an agricultural field, used as agricultural building

you need to inform the council which should give them no grounds for objection

you say the council have been informed of this, yet have given you 8 weeks to remove it. for what reason?

 

Neil Howard, modified 2 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

No reason given.

Thanks

Nicholas

nicholas waring, modified 2 Months ago.

RE: enforcement caravan

Enthusiast Posts: 29 Join Date: 21/01/12 Recent Posts

neil

the enforcement notice should state reason for enforcement and what is required to rectify

Neil Howard, modified 2 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

Yes Nicholas

It stated remove the building i removed the extention to the caravan that made it a building thinking i had complied but they require the caravan moving as well.

Thanks

Neil

Neil Howard, modified 2 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

Thank you all for your kind responses it is clear that you are all extremely knowledgeable on this subject may I therefor ask a few more questions?

Is there any limit in law to the number of caravans allowed with in the curtilage of a house (garden area)?

I have an old touring caravan with in the curtilage of my house that is used to store garden tools etc. it is past its sell by date, would it be possible to rebuild it using timber on the original chassis so that it is the same size and movable or would the council class that as a building operation and say it is no longer a caravan?

Thank you

Neil    

nicholas waring, modified 2 Months ago.

RE: enforcement caravan

Enthusiast Posts: 29 Join Date: 21/01/12 Recent Posts

The simple answer is to ask the Council for a view on your proposal.

Im sure they will invite a pre-application fee from you before giving advice. You will find details on their website.

hopefully this link will assist you..........................

https://www.ukcaravancentre.co.uk/blog/do-i-need-planning-permission-for-a-static-caravan-on-private-land/

I dont believe there is a limit in law to the number of caravans allowed with in the curtilage of a house. 

'Each case on its merits' as they say.

But you will have to justify more than one.

If you rebuild using timber on the original chassis so that it is the same size and movable, it seems to me you could argue that it still confirms to a 'caravan'.

The Council will tell you otherwise.

Ted Slevin, modified 2 Months ago.

RE: enforcement caravan

Enthusiast Posts: 43 Join Date: 24/01/17 Recent Posts

It's getting a bit more involved now.

You can only have one caravan in the curtilage of the property without planning permission.

I would recommend you do not rebuild the caravan unless you are very knowledgeable, as you will almost certainly break one of the rules that define it as a caravan, such as it must not have a ceiling higher than 10 ft and must be movable, etc., etc. They only have to find one mistake you have made to demand removal.

If you want to place a caravan in a paddock, this will not be considered in the curtilage of the property, even if it's on one set of deeds.

For this to be allowed, it must be over 12 acres or forestry.

Based on the details you have now disclosed, unless you have more than 12 acres, I would go back to basics and get yourself to one caravan in the curtilage. Make sure that the council agrees it's in the curtilage, and they cannot object.

Then, remove it completely and replace it with whatever you want, including a twin-unit mobile home if you want, which complies with the Caravan Act.

Don't believe anyone who tells you a home with skids on is a mobile home, as this has not been decided by the High Court yet, and I am surprised a council has not taken a case this far yet.

I alwayts buy second hand off site branded main streem caravens to ensier there is no case to argue

Certanly dont buy of Bidspotter

 

 

 

 

 

 

 

 

 

 

 

 

 

Neil Howard, modified 2 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

Thank you Nicholas and Ted for your kind advice.

nicholas waring, modified 2 Months ago.

RE: enforcement caravan

Enthusiast Posts: 29 Join Date: 21/01/12 Recent Posts

just noticed you said enforcement notice stated "............................remove the building"

are these their words or yours?

legal point = "caravan" is not a "building"

you removed the extention to the caravan that made it a building

I agree, that should satisfy, so why do they want the caravan moving as well ?

Grounds for resistance and Appeal here

Neil Howard, modified 2 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

Yes Nicholas their words the building, yet they still insist on its removal as it formed part of the enforcment notice when it was part of the building whether this is correct i do not know.

Thanks for your advice.

Neil  

Ted Slevin, modified 2 Months ago.

RE: enforcement caravan

Enthusiast Posts: 43 Join Date: 24/01/17 Recent Posts

They could try arguing that the caravan should go, To prevent them insiting on the fact the caravan was part and parcel of an enforcment notice in the past you need to point out to them that you can move it tomorrow and either bring it back or bring another one back the day after making there enforcement pointless. They are likely to agree with keepng the one you have, as if they continued with enforcent action and you replected the caravan they would have to explain there actions in waisting money to enforicne the unenforceable

 

The one thing planning offices dont like it been made to look as though they are waisting council money as there  bosses are the planing commitee who have to acount for all expenditure

Neil Howard, modified 2 Months ago.

RE: enforcement caravan

New Member Posts: 15 Join Date: 04/02/20 Recent Posts

Thanks again Ted, that is definitely food for thought.