Info wanted on the law of siting a caravan, for equestrian business use.

[justJemima]

Hi
I have had a static caravan on my premises for 3 years, I have used it for a brew room office and a play place for my two children, the council were aware I stayed over odd times for animal welfare i.e mares foaling.
The person i bought the land off lives near by and ever since I got planning permission on the land they have harassed me on a daily basis, from looking over the fence for up to and hour and a half at a time, to cutting the fence etc.
I have complained to the police on several occasions about the continuing harassment with little success, my neighbours have complained about them as well.
Now i have recieved an eviction notice from the council saying i have to remove the caravan within 4 months as they have recieved a log off these neighbours saying i have been residing in the caravan, even though it is extremely secluded and they would have to go out of their way to watch me, also I have 2 children, one been a 3 year old girl, I would of thought it was not legal to watch children for this length of time. He is approx a 50 year old man. Any advice on the caravan law, or ways to stop him harassing me and my children or the law on keeping a log on someone would be much appreciated thanks

[factor-fiction]

Hi. I am not clear whether you are disputing that you have been residing in the caravan or whether your complaint is that your neighbour has been spying on you and your children

[bednobs]

why can't a man look at a child? Are all men to avert their eyes when someone under the age of 16 comes into view now, or time themselves as to the amount of minutes they spend looking at a child lest they find themselves arrested?
Sorry you are on a hiding to nothing if you consider being looked at as harrassment. He would be within his legal rights to film or photograph them too as far as i'm aware.
regarding caravan law, what does your permission say? If you have exceeded the time you are allowed to stay there, then again you don't have a leg to stand on. If however he is making it up, then dispute it with the council

[bednobs]

ps if today's evens are anything to go by, if you just ignore the eviction notice, you should be able to stay there for at least 10 years!

[Buenchico]

Last bit first:
Anyone who is on their own property or on public land (or where they have permission from the landowner) is free to watch and (if they so choose) photograph or film anything or anyone within their view, irrespective of the location of the the objects or people they might be viewing. (For example, it's perfectly lawful to stand in the street and film people in their front gardens or in their front rooms). There are a few limited exceptions to that statement (covering, for example, 'official secrets', 'voyeurism' and 'indecent images of children', but none of them seem to be relevant here).

Unless there are relevant covenants prohibiting it, you can normally store a single unoccupied caravan on your land without the need for planning permission. However making use of that caravan, while it's on your land, for any purpose (e.g. as an office or as accommodation) would normally be regarded as a 'change of use' for the land which it stands on, requiring planning permission.

There's an exception to the requirement for planning permission when a single caravan is parked within the grounds of a house and is used solely 'in a manner which is ancillary to the main property'. i.e. it can normally be used as an annex to the house without planning permission but it can't be used as a separate residence. It's not completely clear from your post whether the caravan is parked within the grounds of your house, or elsewhere. If it's with your house then you may not need planning permission; if it's elsewhere you almost certainly do.

Chris

[sallybb]

when they sold you the the land . did they put a covenant in the deeds, with reference to grazing only. for the use of sheep, cattle and horses only? Have they an interest still , with regards to change of use to residental, whereby they can claim claw back financially. This seems to be the norm these days with agricultural land being sold. If so, this could be a reason why they are keeping a very interested eye on developements.

[buildersmate]

More likely they are just honest and upright citizens determined that this OP should not gain a benefit of gaining a legal right to stay on the land by stealth.

Stop whining on about the actions of others who are merely seeking to uphold the planning legislation. You have no legal right to stay overnight in the caravan and you know it.

[buildersmate]

Oh, and by the way, equestrian business use requires planning consent, much the same as most other sorts of business. One can keep horses on agriculturally land and you can construct a mobile field shelter but that's your lot.

[buildersmate]

You're probably right, reading the details of the post again. But as we know, planning consent for equestrian business use does not include a consent for a residential dwelling and such consent is unlikely to be granted unless either:
the business can demonstrate a permanent and regular need to tend animals or plants overnight (the odd foal every now and then doesn't count) or,
a sustainable business plan based on the agricultural use that shows how an income for the business would operate to solely support the applicant.

[boxtops]

Jemima, get off your high horse - you've only just joined us, and it's very easy to get the wrong end of the stick from long posts. You asked for people's advice, people give it - if you're going to answer like that every time you don't like a response from people who are well versed in the law and building matters, then people will get upset with you too. Abusing other posters gets you nowhere.

[Buenchico]

The '28 day rule' only applies to caravans parked within the grounds of a domestic dwelling. It doesn't apply elsewhere.

[bushbaby_de]

Chris/Eddie - The original post on the '28 day rule' has been removed so I can't see the context, but if you're talking about the temporary change of use allowed for 28 days in any one calendar year under Part 4 of the General Permitted Development Order, then this doesn't apply to dwellings - in fact it only applies on land which is NOT in the curtilage of a dwellinghouse. However caravans are expressly excluded from this. If this isn't what you're referring to I'd be interested to know what you meant.

Jemima - From reading your post, it seems the council are alleging residential use on the site. As a material change of use this would require planning permission. Residential use is rather difficult to secure on agricultural and equestrian sites (as buildersmate has already pointed out) and I would urge you to seek advice from a planning agent experienced in this area.