Static caravan breaching forward building line

[BettercallSaul]

When I contacted the local authority some years ago to enquire if I needed planning permission to park my touring caravan on the drive, I was informed that no permission was needed as long as it did not breach the forward building line, so I complied.
However, the next door neighbour's property, which is a registered as business premises, plonked a massive static caravan in front of the forward building line about five years ago and a family have been using it as a residential dwelling ever since. I assume it's self contained as there are 47kg propane bottles attached. In the past few years this family have become problem neighbours, noise, parking vehicles on the verges, trespassing on our land etc; in addition to erecting a wooden cabin with patio doors facing our land in 2014.
Having had enough of them ruining the quiet enjoyment of our property I complained to the planning department who were initially quite enthusiastic but now claim as the wooden structure and the caravan has been in place for over four years they cannot act. I've disputed their claims, but I thought the time limit was 11 years not 4 and it appears they did not apply for any planning permission or 'material change of use' for the grotty old static caravan.
Any advice welcomed please.

[des8]

Re: Static caravan breaching forward building line

AFAIK the four year rule would apply.

What form does the trespass to your land take, and have you considered your options regarding it?

Unless the vehicles parked on the verge are causing an obstruction the pollce and LA can do nothing (although actually driving to park on the verge is a criminal offence!)
I take it you a not in a Special Parking Area.

How much of a problem is the noise?

[Amethyst]

Re: Static caravan breaching forward building line

It could be the 10 year rule for the caravan as it's change of use of the land ( just on a google , I have no knowledge in this area at all so feel free to shoot me down )

The change of use of the land (stationing of the caravan) would be subject to the 10-year rule. Even if it could be argued that the caravan is a structure (see the Woolley Chickens case) it seems that it would be the 10-year rule rather than the 4-year rule that applies (see R (Mid Suffolk DC) v. FSS [2005] EWHC 2634 and the judgment of the Supreme Court in Welwyn Hatfield v. SSCLG [2011] UKSC 15 (per Lord Mance, at page 9 [paragraph 17]).

How long does a mobile home have to be in situ before it will be considered immune from enforcement action?

The ten year rule applies to residentially occupied mobile homes that comply with the statutory definition of a caravan. The four year rule would only operate if the mobile home were considered to be an operational development i.e. if size or degree of attachment to the land gave it the characteristics of permanency.

[BettercallSaul]

Re: Static caravan breaching forward building line

Thanks for the reply. The noise has been so bad we've lodged several complaints to Environmental Health but they're wily and keep quiet for exactly 30 days each time, then the constant dog barking starts up again. I've tried the harassment route too as they'll howl to start the dogs off when they quieten down and in the ASB officer's file they admit having parties with live bands until 4am. It's quite a rural area with few neighbours but as there's hoards of them living there I think everyone else is scared to complain. The vehicles, one a large Iveco signwritten van does cause problems for the farmer's harvesting equipment but not me personally.

[BettercallSaul]

Re: Static caravan breaching forward building line

Brilliant! I can't thank you enough, much appreciated. I shall fire off an e-mail with this round of ammo and hope justice will be served.
Many thanks.

[des8]

Re: Static caravan breaching forward building line

I understand a mobile home is considered a dwelling and so the change of use of the land falls under the four year rule.

The exceptions to this follow either deliberate deceit by the applicant (the Welwyn case) or deliberately concealed development

[Amethyst]

Re: Static caravan breaching forward building line

Suppose it depends if it meets the statutory definition of a caravan ?
http://www.legislation.gov.uk/ukpga/.../62/section/29

“caravan” means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted, but does not include—
(a)

any railway rolling stock which is for the time being on rails forming part of a railway system, or
(b)

any tent;

[des8]

Re: Static caravan breaching forward building line

discussions of this nature are meat and drink to lawyers..

[des8]

Re: Static caravan breaching forward building line

Whilst mobile homes may be structures as per Caravan Sites and Control of Development Act 1960 they are also considered dwellings.
However they are not generally classed as dwellings under the Rent Act 1977!

It seems you pick your act and argue from that point!

[Kati]

Re: Static caravan breaching forward building line

I'm actually wondering if the 'neighbours' are paying CT while living there ~ http://manuals.voa.gov.uk/corporate/...t-man-pn7.html

2. The Definition of Dwelling

2.1 In order to be subject to Council Tax, property must conform with the statutory definition of a dwelling contained in Section 3 of the Local Government Finance Act 1992 (LGFA 1992).
2.2 A dwelling is defined in Section 3(2) as:-
Any property which -
(a) By virtue of the definition of hereditament in section 115(1) of the General Rate Act 1967, would have been a hereditament for the purposes of that Act if that Act remained in force; and
(b) is not for the time being shown or required to be shown in a local or central non-domestic rating list in force at that time; and
(c) is not for the time being exempt from local non-domestic rating for the purposes of Part III of the LGFA 1988.
2.3 This means that, in order to be treated as a dwelling and assigned a Council Tax band, a pitch or mooring must:
• be a hereditament, and
• be domestic property
2.4 Domestic property that is part of a composite hereditament will also be subject to Council Tax (Section 3(3) LGFA 1992).

[BettercallSaul]

Re: Static caravan breaching forward building line

Thanks everyone. Well they came back with some legal jargon about the caravan and also a wooden structure they erected facing us in 2014 which the owner claims was built over 4 years ago, hmm. The thing is this is on a bit of farmland they bought from the farm owner.
You can bet if I moved my tourer to the front of the house they'd be down on me like a ton of bricks.
Their response;

There has been no change and I would consider these outbuildings under Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015. Planning permission would have been required for the siting and erection of the buildings. The owner has provided evidence to try and demonstrate that the structures have been in place for more than 4 years and therefore immune from enforcement action.

[Amethyst]

Re: Static caravan breaching forward building line

Google Maps/Earth for the wooden structure building date.

Not sure what they mean by this

Planning permission would have been required for the siting and erection of the buildings

as that would defeat their argument and no planning permission was applied for? ( guessing you have checked on the planning portal etc) or should that sentence have been pre-ceeded by 'or' instead of a .

they are classing it an a building rather than a caravan which is your main counter argument I think, but also

(c)any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;

as I think you were saying it was in the front garden ?

Class E is basically 'shed law' lol - http://www.legislation.gov.uk/uksi/2...chedule/2/made

[BettercallSaul]

Re: Static caravan breaching forward building line

Thanks very much for your reply and expertise. Yes she did confirm that no planning permission had been applied for, and as you pointed out it does appear that they are classing the static caravan as a building which is situated forward of their and our building lines. The wooden structure is to the side elevation and my only objection to that is they have fitted patio doors facing our property which invades our privacy rather than facing the pleasant view to the rear. The caravan is such an eyesore it may affect our ability to re-sell and/or affect our property's value.
We had a pre-fab concrete garage erected soon after moving in ( 2008 ) to ensure a bit of privacy and cut down the noise from them as we were told we would not need planning permission but the planning officer sort of intimated she may look into our outbuildings, not literally.

[Amethyst]

Re: Static caravan breaching forward building line

Well a concrete garage is a building, so as long it it isn't taking you over 50% of the garden, is behind the line, is 2 metres from the boundary and is under the max permitted size / height, she's got nothing lol.

The shed is probably fine - if it's facing your property and invading your privacy can you block their view by installing a fence on the boundary ? ( not that that wouldn't cause more problems and obviously I have no idea at all what your properties/grounds are laid out like ) - but I get a bit of a sense that's a 'might as well complain about that as well' thing rather than a primary issue.

So static caravan - has it got wheels ?

Oh, I've just twigged.... completely irrelevant to your case, we've just binge watched first two seasons of homeland ... and I was nosing at spoilers .... lol

[BettercallSaul]

Re: Static caravan breaching forward building line

Sorry for the late reply and thanks for that. We've just under an acre so we're okay on that point then.

It's not a shed they've built, it's more a homemade summer house. Hahaha well in for a penny in for a pound, no honestly these people, and there are hoards of them, have made our lives a misery with the noise, parties until the early hours, trespassing and even staring into the windows of our home. Everytime we're in that part of the garden one of them is usually peering through our Leylandii at us, it gives the us the creeps. The static caravan gives them an unfettered view and from the sight of it, it hasn't done our property value any favours either.

Not sure if the static has any wheels I don't want to get that close, but the Planning Dept; is classing it as a building and didn't answer my e-mail as to why it's exempt from the forward building line breach.

Many thanks.