Backer v Secretary of State for the Environment: 1983

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 otherwise unchanged motor vehicle. It was not adapted in the absence of some physical alteration. When considering whether

Judges:

David Widdecombe QC

Citations:

[1983] 2 All ER 1021, [1983] 1 WLR 1485, (1984) 47 P and CR 149

Statutes:

Caravan Sites and Control of development Act 1960 29(1), Town and Country Planning Act 1971 87(3) 290(5)

Citing:

DoubtedImpey v Secretary of State for the Environment QBD 2-Jan-1983
The owner of a dog kennels carried out works both internal and external to change the building into two residential units. The Council served an improvement notice. The respondent found that no material change of use had yet taken place.
Held: . .

Cited by:

CitedSecretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council SC 6-Apr-2011
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 29 April 2022; Ref: scu.188788