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....Hi, there is a Place on the A127(southendbound) ,looks very secure , I believe you get a swipecard for 24hr. access, it's close to the M25 /A127 turning.;...telephone: 01277 202010

    good luck, Werner.

      PS: I just remembered it's called FOLKES LANE !

Hi Jasonshort,

I am just not sure what the Local Planning Authority (LPA) can do in the circumstances you have set our in your posts. Did they actually say that you could not do it or is that your interpretation of what they said? You say that they said "No" but I wonder if they merely cautioned against it as it is often the case that such siting causes complaints, rather than a very specific "no".

I will set out the LPA powers, an understanding of which will enable you to steer clear of any legislative prohibition.

Planning permission is required for development of land. "Development" is defined in two ways; (1) the carrying out of building, engineering, mining or other operations in, over or under land (which you are not doing if you are just parking the van) or (2)making of any material change in the use of any building or other land (which you are not doing if you are just parking the van. However, read on)

Under planning law a caravan is not a "building" for these purposes

The siting of a static caravan would normally need planning permission. Now, if your caravan was being used for residential purposes you may need planning permission as that would be a material change of use of your garden. So just don't live in it or allow anyone else to do so. Having made that point the planning laws do permit you to use the caravan so long as the use is "incidental to the enjoyment of your house" without needing planning permission. So, for example you could use the van for sleeping if you have guests and not enough beds in your house. They sleep in the van but have their meals and spend their day in the house. It is not their permanent home. Of course a neighbour seeing someone sleeping in the van may think that someone has taken up residence and complain and you will then have to satisfy the LPA that the use is "incidental" e.g an extra room/bedroom.

If your house ever falls within a conservation area then you will need planning permission.

The "incidental use" argument, to avoid the need for planning permission, is set out in Class E of the Town and Country Planning (General Permitted Development) Order 1995 Schedule 2

So, you can park your van in your garden provided that no material change of use of land occurs. Just park it!!!! Don't make the caravan the be all and end all of your back garden e.g build a platform for it, little wall around, provide a sewage outlet and permanent water connection.  If you are using it as an overspill bedroom let the neighbours know so that they do not inadvertently think it is a permanent residence.

The LPA could, potentially take action against you under Section 215 of the Town & Country Planning Act 1990. This gives the LPA a discretionary power, in certain circumstances, to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area. Note this is a discretionary power and not mandatory so the LPA does not have to use it. Factors that a LPA would take into account before using the power would be the condition of the site and the impact on the surrounding are,  It is generally used where land has become unsightly, e.g gardens overgrown. So keep the back garden tidy so that the van does not look like it has been abandoned in the weeds! 

If they were to take action under s 215 you may have a defence under Article 8 and Article 1 of the first protocol to the Convention on Human Rights as the LPA has to observe your "right to respect for private and family life, and the peaceful enjoyment of your property." However, these rights are qualified in that they must be set against the general interest and the protection of the rights and freedom of others. Under s215 the wider impact of the appearance of the land overrules the owner’s right to the peaceful enjoyment of his property. So, again, keep the garden tidy.

Some folk may complain as different people have different levels of tolerance. Some folks believe that what others do, whilst a niggle, is unlawful when it isn't and complain anyway. Then you have to deal with the LPA. They pop round for a chat and a look before taking action. If your back garden is well maintained as a back garden and does not look like a separate residence they leave you alone.

Hope this assists

regards

Phil 

I live in a street thats 50% council property and 50% excouncil privatly owned, in looking around the estate i notice most caravans are just left on roadside,

i did for some time have mine on pavement (where i normaly park my van and cars) the pavement is very wide and could actually double park on it, my caravan was there off and on for some 6 months as i needed the driveway for my car.

now in that 6 months i had no problems no complaints and no damage caused,I was very keen in moving it on to my driveway so cleared enough room to get it on,with in less than a week i had council official verbally ask me to relocate it to a more suitable place.but wouldnt explain what he considerd more suitable.

I then used for a weekend and returned it to my driveway but this time due to me having to park it on driveway myself it ended up on the edge sort of 10feet further away from house but still on drive,i was then told on my next official visit that it was fine there?? maybe something to do with distance from house or too much hastle for council to take action who knows?

however i will also make a point of saying that lots of people say to me that if you have a caravan outside your house full time then use it to go away for holidays the local burgalry squad notice this,they know that the house may be empty and take full advantage of this i laffed at this comment until i returned from my last family holiday last weekend to find my sheds that stored considerable amount of valueable stock had been emptied. i have 24hr cctv and when playing back we watched the 2 scumbags walk leisurley around sorting there haul then strolled out of my property.

police didnt recognise the scumbags and carnt use the cctv as 1 camera is also on freinds over the roads car (against the law) and i dont display a warning sticker to announce that the property is under 24hr survalance.

Hi

Is yours a council house?  Or do you own it?  I think that if you own it and there is no covenent then you are allowed to park your 'van on your property, i only think that and am not sure.

Ours is a housing association so always knew that the council could come round and make us move our 'van as we are tenants :(.  Down the road from me is an ex council house and they have their 'van in their front garden and as far as i know no one has said a thing about it and we have had inspectors up and down the road trying to spend all that extortionate rent they charge us for weeks so i'm sure if they didn't like they would have done something about it.

If you get stuck Phil certainly knows his stuff and luckily for us is willing to share that all with us lucky people :)

Hope you are lucky cos it's so much easier to store your 'van at home :)

Now they can stop you from parking on the pavement and can require you to move your van from the road. Appears a little odd that no action is taken over path and highway parking but it is for drive parking. If there are no covenents, or tenancy conditions prohibiting parking on the drive, and you are not breaching the Planning Act, as I indicated above, then there is not a lot that a Local Authority can do.

If you are asked to move it from the drive I would ask them what their grounds are for such a request. If you know where they are coming from it is easier to either agree or disagree. Whatever answer the Local Authority give always ask them if they have considered Article 8 and Article 1 of the first protocol to the Convention on Human Rights (see my earlier post). They have a legal duty to consider your rights under that before they take any decision. If the answer is that they have not considered it then, even if their decision to ask you to move the van is reasonable, they cannot enforce that as it is a decision reached unlawfully under UK Administrative Law.

As regards the use of CCTV when a crime has been committed, what the police said was possibly correct, as the use is regulated by the Data Protection Act. If you do not comply with the Act the images cannot be used in evidence. However, in 2004 a Court of Appeal decision changed things, to  a degree, when it decided that in some circumstances the images may not be personal data and thus not regulated by the Data Protection Act. If your CCTV is fixed e.g you don’t have a zoom in facility, and is used to look at your shed, and happens to catch folk who pass by your shed, thus creating “incidental” images of people, without any personal biography then the Act may not apply and the images can be used in evidence. May be worth taking legal advice on just how you use the CCTV. You may or may not need to be compliant with the DPA.

Phil

In my earlier post I concentrated on the planning issues. As you indicate that you are a Council tenant then there are other factors that need to be considered before you can site the caravan. Before I comment there are a number of issues upon which I would like clarification so that I can, hopefully, give you a comprehensive reply.

1. You mention a "warden" coming round. That expression is normally used to describe the person in charge of a sheltered housing scheme e.g for the elderly/disabled. Is this a sheltered housing scheme? 

2. Will your parents be living in the caravan permantly as their only home?

3. When you say that the caravan "needs the connection to the main house" do you mean for electric hook up purposes? If not just what is the connection you refer to?

4. How will your parents dispose of the toilet waste?

5. Will the wheels of the caravan remain in place?

6. When you say that the Council has said "no" was that the Housing department of the Council?

7. Does your tenancy agreement include a condition prohibiting the siting of a caravan in the garden? Council Tenancy agreement usually say that you can't without the Council's consent as Landlord.

8. Are you a full council tentant or do you occupy the house as an "Introductory Tenant"? The tenancy agreement should specify what your status is. An introductory tenancy is usually for the first year of your occupation.

9. Your tenancy agreement should indicate the maximum number of people who can live at the property. With your parents there, would that mean that the number in your tenancy agreement has been exceeded?

10. Are you charging your parents a rent?

11. Is there a dropped kerb giving access into your property from the highway?

Complicated isn't it?

What others do is not really relevant. If its unlawful its unlawful, but lets hope your responses enable me to give you the guidance you require to ease your mind.

Phil

Hi Jay,

Just a couple of points if you don't mind. See my questions in red

answer to question 1

sorry i meant housing officer,and no its not a sheltered housing

answer 2

not living only sleeping,rest of the time in the house along with having dinners Are they living with you full time ?

answer 3

yes for water and elec hookup

answer 4

will use the main toilet in the house Is that even in the middle of the night?

answer 5

yes the wheels will be left on

answer 6

housing officer no without even looking at my plans Did he give a reason? Was the response in writing?

answer 7

tenancy agreement states that you need to ask for permission to store a caravan not that you cant

answer 8

yes iam a full council resident have been for 7 years

answer 9

cant find anything about number of people for the household

answer 10

no iam not charging rent

answer 11

yes there is dropped kerb as i have a large drive way
thought about putting my parent there too ?

really appreciate your help here phil

jay

Hi Jay,

Ok, I have dealt with your position under Planning Law. Now lets deal with your position as a secure tenant of a Local Authority.  The first issue is that you have to get your mind around the fact that your position under (1) planning and (2) as a tenant, are two separate matters. Each can, and usually is, dealt with differently. The fact is that different rules/legislation apply under housing and planning. I appreciate that they are both your Local Council, but, in law they are two entities. In law, the planners have not said that they don’t object to the siting of the caravan, they have simply said that you don’t need planning permission. You need to recognise that distinction.

The Housing Department now needs to consider the matter under its protocols. You need their consent to site the caravan under the terms of your tenancy agreement. If you site it, without their consent, that is a breach of your tenancy agreement which could, potentially, lead to your eviction.

The Council has a statutory duty to act reasonably when dealing with your application for consent and to consider all relevant facts. In considering an application for consent the Council is exercising a discretionary power and it would be wrong for it to fetter its discretion by, for example, treating every application for consent on the basis that “that is what we do” as you put it. To do that would mean that they are not properly considering your application.

What you must do is to write to the Director of Housing (or whatever title they give him/her at your local Council) and set out in detail what you propose to do and why and ask for consent under clause (whatever ) of your tenancy agreement. The Council has a legal obligation to consider your application within a reasonable period of time. If the Council refuses consent then it must provide you with a reason for that refusal and that reason must show that they have acted fairly in considering the matter.

Provide a plan with your application showing the layout of the street and the position of the van in relation to the nearest adjoining property. I think it may assist if Mum and Dad are living with you so that you can look after them in their old age rather than call upon social services to provide residential care. If that is the case then say so. If they are living with you as they have no where else, so your proposal avoids the housing authority having to deal with them as homeless and need to find them accommodation, then say so, that will assist as well. It may be that the arrangement is only temporary until they can find somewhere else. Say so. Mention that you are not charging rent. What I am saying here is that it will assist the Council’s decision making process if they really understand where you are coming from and you give them a good reason to give consent. Get the neighbours, immediately affected by the van, to write a letter that you can send with your application to say that they don’t object. Send a photo of the van if it’s nice and shiny. If its got green mould and plants growing out of it don’t bother!!! It all helps to head off a reason to refuse consent.

It will help if you can over emphasise your family bonding, love and affection and all that. After all the Council has a qualified duty to show respect for your private and family life. (Human Rights issue I raised earlier). Those rights could just outweigh any reason they may think of for refusing consent.

Now for some downsides.

1. I will be honest with you and say that I don’t believe that Mum and Dad will use the inside toilet during the night. Its blowing a gale outside, ice on the garden path etc etc and they will use the loo in the van. The Council will think the same. Why have water hooked up if they use the house facilities? You need to consider just how you are going to meet this one as it is grounds for refusal if there are no acceptable means of disposing of the, shall I say, human waste. You can pour it down your own loo but will the sewage authority find those chemicals acceptable? Maybe, I don’t know. I would suggest that you do not mention the loo and leave the Council to ask. If the Council does not ask then they cannot take their view of the waste issue as a reason for refusal. They need your views on it. If they don’t have your views, it gives you possible grounds to challenge the decision.

2. If any neighbours object, and the Council should ask them if they are acting reasonably, they do not have to tell you which neighbours. Their views will carry some weight.

3. I take it that you don’t have enough bedrooms. If you happen to have a spare room then that could prejudice your application.

4. If Mum and Dad are there permanently then there is an argument that it is their permanent home rather than a facility incidental to the use of your house, in planning terms. You may then need planning permission. The Housing people may ask you to apply for planning permission in that case. So, when you write your letter just think about what you say and don’t leave it open for Housing or the Planners to draw a conclusion that in truth the caravan is your parents home and they visit you for meals. If you say that you are looking after them in their old age then an astute Housing/Planning Officer should be asking what emergency links have you between caravan and house if they need you in the night? If you are looking after them and you don’t have anything then get something rigged up so that when the Housing Officer comes round to have a look he can see what is in place. Mind you, if you run this argument, and you are all out at work all day that will not help. If you are their carer that would be a good move.

I think that 4 may potentially be a problem for you, but then I am up here and have not seen the situation. Just think very carefully about the contents of your letter.

All the best

Phil