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Visits in 2014149573
Two interesting points were decided by the Court of Appeal in Murphy v Wyatt:
- Where there is an agreement permitting a mobile home to be stationed on land which does not have planning permission for use as a caravan site (and therefore does not have a site licence), the subsequent granting of permission does not bring that agreement within the Mobile Homes Act 1983.
- The 1983 Act only applies to agreements which are exclusively, or at any rate mainly, limited to granting rights falling within section 1 of the Act, so that where a large area of land is let for agricultural purposes permitting the tenant to live on
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor  EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. Mr Pickles had announced the decision to scrap the strategies under s79(6) of the Local Democracy Economic Development and Construction Act 2009.
Alas for Mr Pickles, this has turned out to be unlawful because:
a) the decision involved using that power for an improper purpose by “undermining the policy of the LDEDCA 2009 that there should … Read the full post
This is an important question because the Mobile Homes Act 1983 grants a degree of security of tenure to residential occupiers of mobile homes who are entitled to station their homes on a protected site.
Have Village was operated by licence under the Caravan Sites and Control of Development Act 1960 which licence required that the mobile homes be occupied only between 1st March and 30 November, at weekends and for 10 days over Christmas.
The court found … Read the full post