Enforcement action against owner of "eyesore" caravan

Enforcement action by Powys County Council against a the owner of a caravan used as a home in Llanidloes, described as an “eyesore” by neighbors, can now proceed.

An appeal against the notice issued by Powys Council planners to stop the use of the caravan as a home without the required planning permission has been thrown out by a Welsh Government planning inspector.

The report detailing the decision by planning inspector Richard Jenkins for the appeal by Steven Bullock of Craigle, Llanidloes, was presented and noted by councillors at a meeting of the council’s Planning committee on Thursday, September 19

The notice was issued by the authority against Mr Bullock in August 2022 and came into force a month later.

This meant that Mr Bullock had nine months to stop using the caravan as a residential dwelling.

It follows complains made by neighbours and Llanidloes Town Council for Powys Council to act.

In documents lodged with PEDW (Planning and Environment Decisions Wales) supporting the notice, Susan Hinds said that neighbours had been complaining about the matter for years.

Mrs Hinds said: “The caravan is dilapidated and the area around it looks like a scrap yard and is an eyesore.”

The town council also said that the caravan did not have “proper sewerage facilities.”

In his appeal, Mr Bullock said: “The area at Craigle has been used for the siting of a residential caravan for in excess of 10 years.

“No enforcement action can therefore be taken.

“In addition, the caravan has been registered for Council Tax for many years and the tenants have been receiving housing benefit in relation to residing in the caravan.”

Mr Jenkins who visited the site in June had asked the council to clarify the intention of their notice.

He noted that despite “attacking” the caravan’s use as a home they were not asking for it to be removed from the site.

The council replied that the notice’s intention was drafted to require: “the use of the caravan as a separate and independent residential dwelling to cease.”

Mr Jenkins explained “The council was subsequently advised that the precise wording of the notice would not in fact require the cessation of the use of the caravan as a separate and independent residential dwelling but rather requires, the cessation of the use of the caravan for residential purposes more generally.

“Whilst the difference in wording may appear subtle, it would have distinctly different implications.”

Mr Jenkins explains that the council has now asked for the notice to be corrected and that an opportunity was given to Mr Bullock to respond to the proposed correction.

The report said that Mr Bullock continued to focus on the arguments that he had already been presented as grounds for his appeal.

But “no documentary evidence” was used by Mr Bullock to back up his claim.

Mr Jenkins said: “The council’s records suggest that the use commenced in 2013, with the structure registered for Council Tax purposes from around June 2015.

“Interested party evidence also suggests that the use commenced after the 2012 date of immunity.”

“It was not too late for the council to take enforcement action at the time the notice was served.

“As such, I find that the appeal must fail.”

This means that the enforcement notice with the change of wording is now back in force.

By Elgan Hearn, Local Democracy Reporting Service