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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Type your question here. My neighbours have recently removed

Resolved Question:

Type your question here. My neighbours have recently removed a mobile home occupied full-time by their daughter, her husband and baby and are preparing to replace it with a large cabin as the young family's permanent dwelling. They occupied the previous mobile home on a license to occupy. It has been gone for several weeks now and materials are being delivered for a base for the new building but the Parish and District councils know nothing about this. Do they need any permission to continue and build the mobile 'house' they are intending? Currently they are living in the main house which is a HMO of 5 flats owned by her parents.
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Do you know who owns the land please?

Customer:

Yes, the family as a limited company own the Mill and the land on which the mobile home was/will be sited

Joshua :

Thanks. Who has granted them a licence to occupy that you refer to - the company? Have they been living in the mobile home because of a requirement or claimed requirement to operate or work at the mill to your knowledge?

Customer:

The Mill has been transformed into a block of flats ; the parents live in the largest of them and rent out the other 4 units. The daughter who has been living with her husband and family is an Events Organiser, but also secretary of the Limited company, so presumably she granted herself permission/

Joshua :

Thanks. There are two issues here: the first is the legal right to occupy the land and the second is planning control...

Joshua :

It is necessary for them to have a legal right to occupy the land. If the land is owned by a company controlled by them presumably there is no issue in connection with them obtaining permission or a formal lease or right to occupy the land in question if the company owns it.

Customer:

I imagine they have the legal right to occupy the land, but the parents have in the past ignored any kind of planning restriction. I am just concerned to know what they actually can build in front of my house without effectively my having any say in the matter if no permission is needed.

Joshua :

However it is necessary to obtain planning permission for certain types of structures. I will leave the caravan / mobile home aside as they are now building a new structure.

Customer:

The structure will be one of those sectional cabins which are technically mobile insofaras you can use a crane to put them on a lorry in sections.

Customer:

In essence they are saying that they are only replacing the old caravan which they had license to occupy.

Joshua :

It is possible to erect a mobile home / structure for incidental use to the main dwelling on land - e.g. a granny annexe providing it is cited near to the main dwelling and there is a clear link between the dwelling and the building and it must be used for a purpose incidental to the dwelling. If the property is in a conservation area then permission will always be required.

Joshua :

As you ave concerns regarding their activities, you can contact the local authorities enforcement team who will come out and inspect the work and if it requires planning permission can serve an enforcement notice on the neighbours preventing them from continuing and requiring them to apply for permission.

Customer:

Well, it is close but they lead a separate life from the parents and I struggle to see how it serves the main dwelling other than that it gives the daughter a home so they can let another of the flats in the main building. Should the Parish and Local council not be awsare of this?

Joshua :

There must be an "intimate connection" between the property and the building - e.g. if you built a mobile home structure to accommodate an elderly relative on your land this may be acceptable. Interpretation is down to the local authority but a relatively high test is applied to demonstrate the link between the two. It must also be built within the curtilage of the buildings garden. The curtilage is normally the area of garden appropriate for the size of the building concerned. If a building has a large garden the curtilatge may not extend to all the land owned by the building.

Customer:

Thank you. I will see what happens and do that if necessary.

Joshua :

A pleasure.

Joshua :

Is there anything else I can help you with?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other UK Law Specialists are ready to help you

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Joshua
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LL.B (Hons), Higher Prof. Dip. Law & Practice