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Upper Tribunal Clarifies meaning of “protected site” in Caravan Sites Act 1968 in relation to mixed use Mobile Home Parks

DATE: 07 Sep 2018

In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), the Upper Tribunal confirmed a mobile home park could be a "protected site" within the meaning of the Caravan Sites Act 1968 s.1 in circumstances where the planning permission and site licence by which it was governed permitted mixed seasonal and residential use and did not specify which pitches or areas of the park were to be used for which user. The case distinguished Berkeley Leisure Group v Hampton [2001] EWCA Civ 1474.

Notwithstanding the park had planning permission for a mixture of seasonal holiday caravans and permanent residential mobile homes, but the planning permission limited the number of caravans and mobile homes that could be stationed on the park at any one time, and the number that could be occupied all year round, if the planning permission did not specify which pitches or area of the park were to be used for which user, the whole park was a “protected site”.

Aaron Walder acted for the Park Owner. For a copy of the judgment, please click here.