Complaint was made that the occupier had taken up occupation of a vehicle, a Commer van, ‘adapted’ for human habitation, and therefore under the control of the 1960 Act, but on land for which there was no planning permission for use for caravans. Held: The defendant had merely placed bed and other furniture in an … Continue reading Backer v Secretary of State for the Environment: 1983
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003
Judges: Michael Kent QC Citations: [2021] EWHC 666 (QB) Links: Bailii Statutes: Local Government Act 1972 222, Caravan Sites and Control of Development Act 1960 ( Jurisdiction: England and Wales Land Updated: 05 November 2022; Ref: scu.660810
The caravan park operated under planning consents requiring the caravans to be occupied only during certain months. The defendants had bought their mobile homes from the claimants to occupy full time, and said that the claimants knew of this. The claimants purported to impose new leases with clauses requiring the site not to be occupied … Continue reading Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008
Citations: [1999] EWHC Admin 494 Links: Bailii Statutes: Caravan Sites and Control of Development Act 1960 Jurisdiction: England and Wales Cited by: Appeal from – Hearne v National Assembly for Wales and Another CA 10-Nov-1999 When looking at whether a person was a gypsy so as to qualify for additional consideration, the test was to … Continue reading Hearne v Secretary of State for Wales and Carmarthenshire County Council: Admn 25 May 1999
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order supporting an attempt to evict them. The duty to house was … Continue reading South Hams District Council v Shough and Others: CA 2 Dec 1992
When looking at whether a person was a gypsy so as to qualify for additional consideration, the test was to be applied at the time when the decision was made and not when the application was made. It was acknowledged that an applicant could change status from time to time, and that this might lead … Continue reading Hearne v National Assembly for Wales and Another: CA 10 Nov 1999
The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends to empower a third party to make conditions which regulate the terms of contracts … Continue reading Mixnams Properties Ltd v Chertsey Urban District Council: HL 1965
The court considered the extent of its ability to insert conditions into caravan site agreements under the 1960 Act. The site licence contained two relevant conditions. One required that no caravan should be occupied between November 1 and March 19. The second required that all caravans should be removed prior to 1 November and none … Continue reading Babbage v North Norfolk District Council: CA 1990
The District Council issued an established user certificate for a caravan on the appellants’ lands. The appellants then replaced the caravan with a ‘park home’ for which planning permission was refused and enforcement notices were issued by the council. This ‘park home’ had been delivered to the site in four prefabricated sections and then bolted … Continue reading Carter and Another v Secretary of State for the Environment and the Carrick District Council: CA 6 Apr 1994
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still … Continue reading Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995
PARK HOMES — site licensing – Caravan Sites and Control of Development Act 1960 ss. 5, 7 and 8 – site owner’s appeal against retention in a site licence of a condition preventing any material change to the layout of the site without prior written consent of the local authority – whether the imposition of … Continue reading Wyldecrest Parks (Management) Ltd v Guildford Borough Council: UTLC 6 Nov 2017
UTLC PARK HOMES – SITE LICENSING – burden and standard of proof on appeal against compliance notice – s. 9A, Caravan Sites and Control of Development Act 1960 Citations: [2017] UKUT 259 (LC) Links: Bailii Statutes: Caravan Sites and Control of Development Act 1960 9A Jurisdiction: England and Wales Landlord and Tenant Updated: 27 March … Continue reading Shelfside (Holdings) Ltd v Vale of White Horse District Council, Re Ladycroft Mobile Home Park: UTLC 21 Jun 2017
UTLC PARK HOMES – SITE LICENSING – compliance notices – s. 9A, Caravan Sites and Control of Development Act 1960 [2016] UKUT 400 (LC) Bailii Caravan Sites and Control of Development Act 1960 9A England and Wales Housing Updated: 23 January 2022; Ref: scu.569593
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The council appealed against the inspector’s decision to quash its enforcement notice. The land-owner occupied a wooden structure which he said was a caravan, but the council said was a residence and an unlawful change of use of agricultural land. . .
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The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
