DCS Ref: 100-049-036 Inquiry Year of Decision: 2007 Inspector: C THOMPSON
County: DEVON Summary of Decision: DISMISSED
Description:
Lawful Development Certicate (LDC) for dwelling on goat holding. Structure originally a caravan. No "very substantial degree of affixation to ground" to render structure a dwelling. Caravan is change of use of land. This has occurred in last 10 years therefore LDC fails. Abstract:
Caravan fails in test to become building
A LDC seeking confirmation that a caravan at a goat farm in Devon had become a dwellinghouse and therefore immune from enforcement action was rejected after an inspector expressed his sympathy for the appellants' predicament.
The inspector at the outset of his decision stated that the appellants had built up a considerable herd of goats and a substantial investment had been made in the farm in terms of an automated milking parlour and a dairy. However he opined that a LDC appeal was limited to assessing whether something was lawful for the purposes of planning legislation and the planning merits of retaining the structure were of no consequence.
He noted that the appellants had brought a caravan onto the site and had subsequently altered its construction by supporting it on concrete block pillars. The tow bar, wheels and axles were removed and services had been attached to the structure. Two heavy duty steel chains had also been wrapped around the metal chassis with the ends of the chains set into concrete filled holes, he observed.
In his opinion these changes failed to give the structure the necessary degree of affixation to the ground so as to render it incapable of being moved. The structure could be lifted in one piece by a crane or hoist onto the back of a lorry, he decided and the chains could be cut together with that part of the chassis which was affixed to the concrete block pillars. Thus the operational development which had been undertaken in respect of the pillars, chains and the digging of trenches were incidental to the stationing of the caravan in accordance with the fining in Murfitt v Secretary of State for Environment and East Cambridgeshire District Council (1980) and did not alter its status in any way he deduced. Consequently since it had been on site for just over four years it was not immune from enforcement action having failed to be on site for the relevant 10 year period and he dismissed the appeal.
COMPASS Index Terms | Development Codes | | 500 | | Conventional house(s | | |
| Appeal Codes | | 07 | | Certificates of Lawful Use or Development. (LDCs or CLEUDs) - Appeal relating to | | |
| Unit Codes | | 10 | | Single house | | |
| Legal Codes | | 20 | | Operational development | | |
| Proposal Codes | | 00 | | Greenfield | | |
| Site Codes | | 010 | | Open countryside only - Post August 06 cases | | |
| 