parking a caravan on the road side and the law

[Batista230]

Hello there

Have been searching this online but been unable to find any real documented info



What I would like to know are things like

Would a caravan be allowed to be parked on the grass verge of a public highway attached or unattached motor vehicle and or how long for?

Who owns the land next to the road?

what about if this was not designated as a public highway but a public byroad or public byway?

And what about laybys?



Thanks

[Phaeton]

I would contact your local council it will be them that enforces any restrictions so best see what their practices are as I suspect they will differ between council's

[des8]

The grass verge next to a roadway is classed as part of the highway.
If there are yellow lines on the carriageway they apply up to the hedge/fence line.

"public highway but a public byroad or public byway"
Byways (except for restricted byways) are open to vehicular traffic (altho' it might be difficult to negotiate in a vehicle)
Road Traffic Regulation Act 1984, section 15(9)(c), as amended by Road Traffic (Temporary Restrictions) Act 1991, Schedule 1)

As soon as the council notice it you will probably be told to remove it within a very short time as it is causing an obstruction
See highways Act 1980 Sec 137 https://www.legislation.gov.uk/ukpga...ys-and-streets

[Batista230]

Thanks for your replies. my situation is as follows
I have a caravan that I have been part living in that is situated on the road side on common land (that I believe) and belongs to the lowther estate. The road that passes through the land is a very rough track but according to the ordnance survey map to be some kind of other road
https://www.ordnancesurvey.co.uk/doc...ter-legend.pdf. I have attached a map of the area where it is situated

I have had a planning enforcement officer come round to have a look at it the other day and his reply in his email is as follows

As discussed with you, the siting of your caravan for permanent residential purposes at the above location is an unauthorised development and represents a breach of Planning Control under the Town and Country Planning Act 1990. Although you could submit an application in respect of your caravan, I must advise you that it is extremely unlikely that it would be looked on favourably.

In the circumstances, I must ask you to remove the caravan and associated items from this site by 17 May 2017 at the latest. If you do not do so, the matter will be raised with the Authority’s Planning Committee along with a recommendation that Enforcement Action be considered. This could include an Enforcement Notice which would indicate the steps needed to remedy the breach along with a timescale for compliance, and could result in prosecution if you do not comply. I must also point out that similar action will be considered if you re-site the caravan on common ground elsewhere within the National Park.


Dose anyone know what he means by an Enforcement Notice?
Thanks

[des8]

Presumably this is the caravan that you had to move from the farmer's land.


In effect it will require you to remove the van from where it is, and give you a time limit for doing so.

It is a document delivered by the council which require the use of the land to stop and/or any buildings or structures that do not have planning permission to be removed
.An enforcement notice will set out exactly what you will be required to do and the relevant timescale.
You will have the right to appeal to the Planning Inspectorate (but only if you own, rent or legally occupy the land) and the notices can be challenged if they are inaccurate.
If you don't comply with the Notice or appeal against you commit a criminal offence and could (will) be prosecuted.

[Batista230]

It is a document delivered by the council which require the use of the land to stop and/or any buildings or structures that do not have planning permission to be removed
.An enforcement notice will set out exactly what you will be required to do and the relevant timescale.

Do you have any refarance to this please (like a goverment web page) as knowing in advance would mean I can make better plans
Thankyou

[des8]

Try this: https://assets.publishing.service.go...evelopment.pdf