Bury Metropolitan Borough Council v Secretary of State for Communities and Local Government and Another: Admn 12 Aug 2011

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. The landowner said that he was employed on building works on nearby land.
Held: The structure was delivered in two parts by a company designing caravans. It could be re-divided, and taken away again on a caravan delivery vehicle. Though the inspector had doubted whether it could be moved in one piece on its wheels, she thought it could move on a trailer. However there was no evidence before the inspector upon which that decision could be based, and therefore the decision must be quashed.
Waksman QC J
[2011] EWHC 2192 (Admin), [2012] JPL 51
Town and Country Planning Act 1990, Caravan Sites Act 1968 13, Town and Country Planning (General Permitted Development) Order 1995, Caravan Sites and Control of Development Act 1960 13 29
England and Wales
CitedBrightlingsea Haven Ltd and Another v Morris and others QBD 30-Oct-2008
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 . .
CitedByrne v Secretary of State for Environment and Arun Admn 27-Feb-1997
The appellant sought to quash the decision to confirm an enforcement notice which required him to remove a log cabin from his land. The issue arose whether the cabin was a caravan in law.
Held: It was not a caravan since it was not assembled . .

Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2021; Ref: scu.443279