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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10737
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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How can I legally stop someone putting a caravan on agricultural

Customer Question

How can I legally stop someone putting a caravan on agricultural land that they own to live in when they have not been granted planning permission.
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
I am afraid that the Police are correct- they will be guilty only of a civil offence if they began living in the caravan on agricultural land. A sit is a civil matter, the Police aren't obliged to get involved, and will only do so if there is a possible breach of the peace (which you would probably be guilty of if you obstructed their access on to the land).
The only thing you can do is to complain to the Council, who are the only ones who can take action for breach of planning law.
Once the caravan is being used as living accommodation, the Council should serve an Enforcement Notice on the caravan owner, which will state that he is in breach of planning laws and should therefore remove the caravan immediately.
Therefore,unfortunately, you will have to rely on the Council and the Council alone to hopefully resolve this issue.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards
Customer: replied 3 years ago.

I am even more stunned now! If the majority of the public in the UK new this I think it would cause an immediate demand to change this crazy law. What is the best way I can go about changing this "crazy law"?

Expert:  Aston Lawyer replied 3 years ago.
Apart from breaching planning legislation relating to listed buildings, all other breaches of planning are civil matters, and as such, can only be enforced by the appropriate Council.
I'm afraid that you won't be able to change this law.
Kind Regards
Customer: replied 3 years ago.

Thank you for your assistance but there is always a way to change the rules - if enough people agree then the government will have to change this and maybe many other crazy regulations that may come to light. - common sense has to prevail.

Expert:  Aston Lawyer replied 3 years ago.
I admire your stance.
In this instance, it would be a case of asking for a planning breach to become a criminal offence.
If I have assisted, I would be grateful if you could leave positive feedback.
Best Wishes