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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22657
Experience:  Senior Partner at Berkson Wallace
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Do you deal in planning law, UK Based regarding planning

Customer Question

Do you deal in planning law
JA: Have they talked to a lawyer about this? What country do they live in? If different, what country does this legal question relate to?
Customer: UK Based regarding planning law
JA: What steps have been taken so far?
Customer: had a planning application refused but need specialist advise
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This is in relation to the siting of a static caravan in the curtilage of our farmhouse as ancillary accommodation to our house.
Submitted: 6 days ago.
Category: Property Law
Expert:  Nicola-mod replied 5 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 5 days ago.
we need somebody rather urgently if possible, We have a planning issue which we need guidance on.
Expert:  Stuart J replied 4 days ago.

Nicola has asked me to look at this question for you. I have been off-line and that explains the delay. I apologise for the wait.

May I have as much background information as possible please?

Bearing in mind that a caravan is self contained accommodation, on what basis are you saying that the use is ancillary?

What exactly is it being used for?

Has the local authority issued an enforcement notice?

How long has the caravan been in place?

Is it a static caravan or a touring caravan?

Customer: replied 4 days ago.
Hi
It is a 12ft x 35 ft Static caravan used solely as ancillary accommodation for our elderly parents with failing health ( mum has lost mental capacity and father onset with Parkinson’s) it is used connected to our main house electric and waste systems. They use our house for meals and washing clothes etc. Caravan predominantly used as extra sitting room and bedroom. It is not used as a stand alone Accommodation it is not used by anyone else, it is sited in the curtilage of main farmhouse which is grade 11 listed and only reason is we don’t have space or additional rooms for their occupancy in main house. They are dependant on our care.
We do not have an enforcement notice. We were told we had to apply for planning permission by East Riding Council and they have refused it, we are going to appeal. They refused it as they said it would cause harm to site visually. It has been on site a few months only.
Parents now have nowhere else to live.
They have same address and registered to vote using our same address. Caravan is not permanently fixed to ground.
Expert:  Stuart J replied 3 days ago.

Thank you. The local authority will argue that is not ancillary. It is self-contained accommodation which is probably why you are having the problem. I appreciate that you say that it is not used as stand-alone accommodation but the fact remains that it could be.

If it is only been on the site for a few months, that’s the problem.

Without wishing to appear harsh, the fact that your parents now have nowhere else to live is not relevant because clearly, they did have somewhere some time ago.

I appreciate it isn’t permanently fixed to the ground but he doesn’t a touring caravan that you could just simply put behind your car and drive away.

If they have turned down planning permission, and you want the best chance of appealing being successful, then I would suggest that you use a planning consultant to submit the appeal for you. Not a solicitor, not a barrister, someone who deals with nothing other than planning.

You prepare the appeal now and you submit it close to the deadline because that buys your parents more time.

If local authority planning has already been refused, then you have really done as much as you can do in appealing.

If there ends up being an enquiry about this, you must attend otherwise your appeal carries far less weight.

If you could please rate my service five stars (even if it’s not the answer you wanted) that would be really helpful. If you have any further questions you want to ask on this subject, I am happy to deal with those for you.

Kind regards