Dumped van on equestrian land

[Vivkins3]

I posted a thread a while ago concerning an old derelict and unusable van which had been dumped by the owner onto private land opposite our house. It appears that the van is SORN.

Despite several complaints by us and other residents, the council still say there is nothing they can do as the land is private. My own feeling is that they simply cant be bothered. The land is designated as equestrian - can we insist that the van is removed on those grounds? There is nothing equestrian about storing a dumped van.

[Vivkins3]

http://www.theanswerbank.co.uk/Law/Question780 491.html

This was my original posting in case anybody is interested.

[Aquagility]

The easiest solution might be to offer to buy the van.

[Vivkins3]

I think you've not fully understood the situation - the van has been put there for a reason.

[Aquagility]

No, this was written before I saw your original posting.

[Vivkins3]

Hope you understand that it's not going to be as easy as buying the van ...

:-(

[barry1010]

There is nothing the council can do. Parking a legal vehicle on private land is not an offence.

[Vivkins3]

I do know that a different land owner along the road was ordered by the council to clear his land of derelict vehicles and rubbish a while ago. These were not even visble from the road. As far as I know the reason given was that the land's use was supposed to be Equestrian.

Please does anybody know with certainty under what legislation he might have been ordered to clear the land?

[Vivkins3]

And getting back to your term "legal vehicle", it is unroadworthy, probably uninsured and unlocked, which to my mind makes it dangerous.

[Skyline D]

Whether it's dangerous or not is completely irrelevant if it's not being driven and there's no intention to do so.

I'm sorry, I have no idea about the equestrian use issue but fundamentally I don't really see why he should be required to move his van from his land.

[barry1010]

One vehicle parked on equestrian land sounds perfectly reasonable, it is hardly a scrap yard.
If it is SORN it IS legal and there is nothing you can do. Try looking somewhere else instead of at the van.

[danchip]

if its unlocked go and move it yourself or set it on fire

[buildersmate]

To answer the planning aspect, I'm sorry but you won't get anywhere. A single van does not constitute a 'temporary' or even a 'permanent' structure - so no offence related to residential permission. And a single van hardly constitutes the owner using the field for 'business' purposes.
He would probably turn around and tell you it is field shelter for a horse (which is permitted).

[tamborine]

Frequently trailers/vans/caravans/containers etc are used to hold animal feed as they are rat free. The landowner can store any vehicle on their land providing they dont live in it without planning permission.

I'm not familiar with 'equestrian land', ie land purely for horses? A business can be equestrian on agricultural land.

[Vivkins3]

Lots of negative comments here :-(

My local council's website states:

"Other situations that can be considered for planning enforcement include:

allowing land to fall into such a poor condition that it harms the amenity of the area."

It certainly does that. I'm going to pursue that avenue. A lot of people who walk past comment on what an eyesore it is.

[buildersmate]

Not negative comments - just trying to help you understand the reality of the legal situation - which is what we thought you wanted.
Anyway good luck with it.

[Vivkins3]

Sorry - I didn't mean they were negative as in "unhelpful" - I meant negative as in "not encouraging".

I did however receive a telphone call this morning from the local Council.The Planning Enforcement team are unable to help but they have referred the matter to the Environmental Enforcement team. They should be able to take action under what they called the Section 215 Untidy Land Act.

I've googled Untidy Land and (though neither of them are my local council) Windsor and Leicestershire Councils had interesting little gems about the Act.

I'm hopeful, optimistic and have fingers, eyes and toes crossed.

[Vivkins3]

And yes the act applies even to private land. See this example - incidentally Medway IS my local council.

http://medwaymessenger.co.uk/kol08/article/def ault.asp?article_id=60001