Gypsy' dwelling rights
The High Court have dismissed a claim by gypsy that he was entitled to use a site for 7 mobile homes and 2 touring caravans.
Mr Newland, a gypsy obtained planning permission in 1986 to use land as a caravan site for 1 residential caravan for his family. Mr Newland then decided to extend his caravan, rendering it untransportable. He made the changes to his caravan without obtaining planning permission.
In 2005 he applied for planning permission for a proposed development of 7 mobile homes and 7 touring caravans. Permission was denied and enforcement notices were served on Mr Newland to remove the mobile homes and caravans. Mr Newland decided to appeal the decision.
The planning inspector found that the original caravan had become a "dwelling house" in 1999. The change of use had become immune from enforcement action and lawful after 4 years. So as of 2003, the site's lawful planning use was as a dwelling house with ancillary garden and could no longer be used as a caravan site.
The High Court's judgement is said to provide helpful confirmation on the extent of the planning unit that benefits from immunity from enforcement action and on the lawful use of the cartilage to a dwelling house.