A glamping wagon built on a Kemp Town driveway must go, a planning inspector has ruled.
Paul Davis and Alison Bullough both appealed against an enforcement notice issued by Brighton and Hove City Council requiring the removal of what it said was a shed on the driveway of 18 Lower Rock Gardens.
Paul built the shed during the first lockdown, modelling it on the wheeled bathing huts used by Martha Gunn on Brighton beach in the 18th century.
Both said the structure was a caravan and could be moved from place to another, and so did not require planning permission.
However, planning inspector Paul Hocking said as its wheels and support stands were bolted into timber, and it had been there since May 2020, it had “planning significance and permanence” and therefore had to be removed.
He said: Whilst I accept that it might be possible to move the structure, it has been in situ since May 2020, when the council asserts it was built on the front forecourt of the property.
“It therefore has planning significance and permanence, despite the appellants asserting that they do intend to move it.
“It is specifically contended by the appellants that the structure accords with the definition of a caravan because it has space for a bed. It has a shower, built-in and plumbed sink, hot and cold water and internal electrics.
“However, whilst the structure may contain these, and that there may be space for a bed, nominally, does not demonstrate on the balance of probabilities that it is a caravan.
“Neither do any of the other attributes advocated by the appellants, such as decoration or insulation, demonstrate on the balance of probabilities that it is a caravan that has been designed or adapted for human habitation as opposed to a building.
“This is because it does not contain the fixtures and fittings readily associated with a caravan that is adapted or used for habitable purposes.
“Moreover, the appellants state that the structure is not being used for habitation, nor is there any intention of such use, albeit this is later contradicted by reference to an eventual use for ‘glamping’.
“Whatever the intention may or may not be, or that the appellants consider it to be akin to a traditional wheeled bathing hut or other such objects, does not demonstrate on the balance of probabilities that it is a caravan that has been designed or adapted for human habitation as opposed to a building.”
Mr Davis did not respond to a request for comment.
Old 750kg rolling trailer frame, hitch and some 12v electric for the lights and you can keep it on the drive as a light trailer
“It is specifically contended by the appellants that the structure accords with the definition1 of a caravan because it has space for a bed. It has a shower, built-in and plumbed sink, hot and cold water and internal electrics.”
Then
“This is because it does not contain the fixtures and fittings readily associated with a caravan that is adapted or used for habitable purposes.”
And that last part about “glamping’ contradicting it’s caravan nature..
There’s no more abuse of authority than planning inspectors and this is a prime example. One minute there saying it has the associated equipment, the next it’s not. Make your mind up. The definition of a LDC (legal definition of a caravan) is set down in law, it is clear and easily understood not made of rubber to suit individual council planning officials to stretch, cajoule and abuse.
An obvious con to get round planning regulations. The wheels alone make it obvious.
Petty Council jobsworths again! Why is it that in this country there are so many needless regulations and so many officious types only too happy to enforce them? What harm is that shed/caravan/wagon doing to anyone? Is there really nothing better for these small minded numpties to be doing, a total waste of time and money. British bureaucracy is an absolute scourge!
This seems a correct legal interpretation of the Caravan Act 1960 and relevant planning case law, as well as passing the ‘Clapham Omnibus’ test. Good work, planning inspector.
Terrible…I think it looks lovely!
Planning ???
Sort out some real problems that do require your involvment