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Land at St Michael’s, Tenbury Wells, Hereford

DATE: 15 Sep 2015

 

The appellant had stationed a mobile home in a field adjoining her farmhouse (which was in mixed C2/C3 use) in 2004. She claimed that she used the mobile home to provide accommodation for young foreign workers and that this was unconnected with the use of the farm house.  In 2012 the farm house was sold and the appellant moved into the mobile home herself.  She then applied for planning permission to replace the mobile home with a log cabin.  The local planning authority purported to determine that planning permission was not required.  In reliance on this purported determination the appellant replaced the mobile home with a log cabin.  The appellant argued that the log cabin was not a building, but that, even if it was, the purported determination meant that enforcement action on this basis would be an abuse of power. The appellant further contended that the replacement of the mobile home in these circumstances could not have the effect of destroying the use rights associated with the mobile home. 

Richard Langham appeared for the appellant, on a public access basis.