Help: Parking in drive illegal??

In relation to post #29, is there a legal definition of a "campervan"? As much as I know there is no legal definition of a " campervan". They are defined as Motor Caravans by Revenue, classified as special purpose vehicles by the EU.

My response is to write back asking why am I being asked to move it as the leglislation does not mention Motor Caravans for 9months storage, as that is what its defined as by Revenue.

I assume there is no legislation imposing a max duration that any legal (taxed, insured etc) private vehicle can be parked on your property.

Why should there be a difference between ONE OF THESE and ONE OF THESE and ONE OF THESE

The first is a motor caravan (or campervan if you want) an EU Category M1 vehicle, the second is a light commercial an EU Category N1 and the third is a car and EU category M1.

So there are restrictions on how long you can park the first one at your home but no restrictions on the other two.

In fact two and three could be one of these or one of these

A load od B@ll@x :rolleyes:

Crumbs868 wrote: »

Wow talk about totally missing the point of the legislation which was not aimed at the vehicles you have chosen to compare

The first one is a campervan

There nothing in the regs. that I saw which mentioned size.

savagethegoat wrote: »

yeah but noone is likely to complain about that one to force the Council to apply the Law. Obviously someone did about the OPs van.

My own camper lives at the back of my Car port.....hardly visible and I doubt anyone will ever complain about it.

Visible or not, your still breaking the same stupid law, and so am I for that matter some years.

But the real issue is why is a motorhome discriminated against and not other vehicles.
Why should the owner of a motorhome be required to seek storage away from his/her home (at an expense) while owners of other vehicles can keep theirs at their homes indefinitely.
Are not all citizens supposed to be treated equally.

savagethegoat wrote: »

because they can be unsightly parked in someone s front garden, especially in a City estate, and there has to be some kind of control

So can lots of other stuff that's not a motor caravan, how about a rusty old Transit or an old heap that wouldn't have a chance of passing its NCT.
But many motorhomes are shiny like new and the pride of their owners.

Ever seen a house and garden that's like a landfill site in the middle of well maintained houses, I'm sure the neighbours get really pi$$ed off in such situations but they have no on to go crying to.

IMHO the OP is probably suffering from the usual anti-motorhome sentiment of those who have not and begrudge those who have.

If I were in this position I would be arguing that there is a hell of a difference between something being Kept or Stored as opposed to being parked between trips.

niloc1951 wrote: »

The first one is a campervan

There nothing in the regs. that I saw which mentioned size.

That's true Niloc. Though a little Romahome is easier on the eye than a 25 foot long 10 foot high campervan or a large caravan shoehorned into the front garden of a house.

niloc1951 wrote: »

What regulation is quoted in the letter

Planning and Development Act.
The reason a caravan/campervan or motor home is affected, and not cars, vans etc, is because they are able to be lived in, and is consided developement - along with caravans for example

ShaunieVW wrote: »

If it's in a private driveway I do see what it's got to do with anybody else?

The same reason you need permission to build a second house in your driveway, or build an extension beyond set limits.

Without this restriction, somebody who owns any site, could open it up and let 20 campervans or caravan move into without control (read between the lines here).

niloc1951 wrote: »

Please remember that what is at issue here is a motor caravan which is a mechanically propelled vehicle, same as a car, a motorbike, a van, etc. etc.
It is not a caravan which is a trailer and is not capable of movement without assistance.

Motor caravan is covered by campervan. Not sure why you ignored that bit.

digger58 wrote: »

I think you will find planning laws do not entitle you to a nice view! A camper is an MPV within the RTA, if it i used for a weekend then surely the clock starts ticking again when it returns? .

No. The regulations state 9 months total out of a year, not continuously.

Here is the exact regulation.

CLASS 8
The keeping or storing of a caravan,
campervan or boat within the curtilage of a
house.
1. Not more than one caravan, campervan
or boat shall be so kept or stored.
2. The caravan, campervan or boat shall not
be used for the storage, display,
advertisement or sale of goods or for the
purposes of any business.
3. No caravan, campervan or boat shall be
so kept or stored for more than 9 months
in any year or occupied as a dwelling
while so kept or stored.

Now here's the good news.
The above is the requirement for exempt development, which means you can store a caravan on your land for 9 months without seeking permission (similar to building an small exempt exempt shed or extension). However, that doesn't mean that storing it beyond this is illegal - it simply means that in order to do so you need to get permission.
(When somebody is carrying out major renovations or building new, they often moving into a caravan on the site for a short while. Then need to get council permission also)

So, the best solution from here would be to apply to the council for permission imo.


Reply to the council's letter, or call down in person and speak to them.
Tell them that you got the campervan last august, used it a few times and have stored in on your drive for, so far for <9 months, in accordance with SCHEDULE 2, PART 1: Exempted Development, Class 8, of the Planning and Development Act.
Explain that you intend to apply for planning permission, to store the campervan at your home when it is not it use. State that the campervan will at no time be occupied as a dwelling and you are happy for the permission to be conditioned as such and that you will remove the campervan until after permission is granted.

Is it a calendar year or a period of 12 months?

Irishgoatman wrote: »

I park my campervan on my drive when not in use, as I do my car, I do not store it on my drive. I think people are misinterpreting/misusing the word Store.

Would it be fair to say you keep it on your drive when not in use?

Because that's all it is. "Store" doesn't really come into it.

digger58 wrote: »

Under the Road Traffic Act, to park is to use, so even if it's parked it's being used!

Agreed. Therefore it is not being stored. In the winter I store mine in the barn.

digger58 wrote: »

Under the Road Traffic Act, to park is to use, so even if it's parked it's being used!

These regulations are not from the road traffic act. The P&D act is completely separate.

Irishgoatman wrote: »

I think you'll find that all the regulations quoted use the word "Store".

I think you need to check again.

From my post #49 above;

CLASS 8
The keeping or storing of a caravan,
campervan or boat within the curtilage of a
house.
1. Not more than one caravan, campervan
or boat shall be so kept or stored.
2. The caravan, campervan or boat shall not
be used for the storage, display,
advertisement or sale of goods or for the
purposes of any business.
3. No caravan, campervan or boat shall be
so kept or stored for more than 9 months
in any year or occupied as a dwelling
while so kept or stored.

"These regulations are not from the road traffic act. The P&D act is completely separate".
That's my point, you're not keeping it or storing it. you're using it! Don't forget that it's an MPV under any Act. Does the P&D Act define keep and store? I can't find any definition in the Act. Once taxed DOE'd and insured you're entitled to use it (in a public place), The 9 months things is open to interpretation. Is it a calendar year or a continuous period of 12 months?

I've a neighbour at my back of house, spent a fortune widening his side entrance (luckily he has the space), he reverses it in and you only see the front then he has gates its super job altogether, looks fab you'd barely notice it was there