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Delicate, annoying opportunism. Advice needed


ToughButterCup

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1 hour ago, PeterW said:

So just checked and section 4 is about temporary buildings for any reason.

 

Not for "any reason", Class A just talks about the buildings, structures, machinery etc. without defining any uses. Classes B thru E then defines the Uses, of which habitation is not one.

 

@recoveringacademic , I'm not ignoring what you have quoted the head of planning as saying, his/her comments are in line with the GPDO, ie. that temporary structures can be erected if "required temporarily in connection with and for the duration of operations being or to be carried out". But that doesn't mean lived in.

 

If Part 4 Class A didn't exist you'd need planning permission for the port-a-loo, welfare unit and storage container etc.

 

In my view, the caravan may be allowed to be there, if it is a site hut or welfare unit, but the owner does not have the right to live there.

Edited by IanR
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Part 4 of the order relates to temporary buildings. Part 5 relates to caravan sites, which refers you to another act. If you look up Schedule 1, para 9 of the Caravan Sites and Control of Development Act 1960

 

http://www.legislation.gov.uk/ukpga/Eliz2/8-9/62/schedule/FIRST

 

that details use of a caravan as accommodation for persons employed in connection with said operations.

 

 

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Google Earth may have historic aerial views. Fire it up, navigate to location, select view -> historic views. Adjust slider at the top to some earlier date, wait for screen to refresh. Perhaps you can show no change since 2008? I haven't worked out exactly where the site is on the link you posted earlier.

Edited by Temp
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1 hour ago, Sensus said:

 

I'm back! :)

 

Been offline for a couple of weeks due to a foul up with broadband on my move from Gloucestershire to Norfolk and have been subsisting on minimal internet connection via my smartphone. I can see that I have a long list of notifications, I'll try to catch up with them over the next few days, but I'm a bit backlogged with business stuff, too.

 

Short answer to the original question " What does temporary (above)  mean?" is that in this context it means for the duration of the construction work. And whilst there are mechanisms that allow Planning departments to 'enforce' completion of a commenced approval, they are difficult to implement and are usually only achievable where the work forms essential infrastructure to support other development. Basically, under most circumstances, once you've commenced development you can take as long as you like to complete.

 

But the key here is the fact that the GDPO states that the temporary development is PD if it is required to support other works. If the LPA have the will to pursue enforcement to its legal conclusion, the courts will doubtless find that residential occupation of the site is not required to support the construction of a stable block, simple as that.

 

The question is whether they have that will...

 

 

 

Edited to remove vile anti-Norfolk slur.

Edited by Ferdinand
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