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Wealden District Council v Secretary of State for the Environment and Colin Day

Language: English Series: Journal of Planning and Environment Law ; (1986) JPL 753-756(4)Publication details: 1986Subject(s): Summary: QBD 29 April l986. The owner of farmland in Sussex brought onto the land a caravan designed for human habitation, which he used for storing animal feed. Neighbours and the Council regarded the caravan as aesthetically objectionable in an AONB . The Council served an enforcement notice requiring the cessation of the use. The appeal against the notice was upheld by the SoS and the Council appealed to the High Court contending that the inspector should have had regard to the purposes for which the caravan was designed; the fact that it was used for animal feed storage was irrelevant. The stationing of the caravan itself was also a matter for objection. QBD held that stationing of the caravan did not involve a material change of use of the land as provided by Town and Country Planning Act 1971 s22 but contributed to and was incidental to the agricultural use of the land. That use did not require planning permission and therefore neither did the mere stationing of the caravan which contri
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Law report London Journal article ABS37004 (Browse shelf(Opens below)) 1 Available 1478-1001

QBD 29 April l986. The owner of farmland in Sussex brought onto the land a caravan designed for human habitation, which he used for storing animal feed. Neighbours and the Council regarded the caravan as aesthetically objectionable in an AONB . The Council served an enforcement notice requiring the cessation of the use. The appeal against the notice was upheld by the SoS and the Council appealed to the High Court contending that the inspector should have had regard to the purposes for which the caravan was designed; the fact that it was used for animal feed storage was irrelevant. The stationing of the caravan itself was also a matter for objection. QBD held that stationing of the caravan did not involve a material change of use of the land as provided by Town and Country Planning Act 1971 s22 but contributed to and was incidental to the agricultural use of the land. That use did not require planning permission and therefore neither did the mere stationing of the caravan which contri