Mobile home, objection, retention?

Shannonr13

Hi all,
Anybody able to help. So we bought a mobile home put it on private land, being doing it up the last couple of weeks hoping to move in for a couple of short years to save for a mortage, nothing hooked up yet, letter from the council stating that we have no planning permission and to move this basically, (somebody clearly put in an objection) how can we fight this? Somebody told us we can put in a retention, anybody know what this is and can we do that?

handlemaster

Shannonr13 wrote: »

Hi all,
Anybody able to help. So we bought a mobile home put it on private land, being doing it up the last couple of weeks hoping to move in for a couple of short years to save for a mortage, nothing hooked up yet, letter from the council stating that we have no planning permission and to move this basically, (somebody clearly put in an objection) how can we fight this? Somebody told us we can put in a retention, anybody know what this is and can we do that?

comply with the law and respect your neighbours.

Peregrinus

Shannonr13 wrote: »

Hi all,
Anybody able to help. So we bought a mobile home put it on private land, being doing it up the last couple of weeks hoping to move in for a couple of short years to save for a mortage, nothing hooked up yet, letter from the council stating that we have no planning permission and to move this basically, (somebody clearly put in an objection) how can we fight this? Somebody told us we can put in a retention, anybody know what this is and can we do that?

It's basically an application for planning permission to retain a development that has already been undertaken, rather than for permission to undertake a development. It will be judged on pretty much the same criteria that would apply if you had applied for PP before putting in the mobile home.

Victor

Shannonr13 wrote: »

anybody know what this is and can we do that?

A retention planning permission is where the work is already done without planning permission.

You apply to the council's planning department and pay a fee. To make sure you get things right, hire an architect / engineer / town planner. Important factors will be sewage disposal and visual amenity.

jamesthepeach

Is it on wheels?
Move it every couple of weeks.

Lumen

Move it to a caravan site.

Victor

jamesthepeach wrote: »

Is it on wheels?
Move it every couple of weeks.

This doesn't work. You need planning permission for change of use of land. Storing a mobile home or vehicles on land is a change of use.

Peregrinus

Nor is it all that practical or convenient, if you like having your home connected to such luxuries as sewage, drainage and water supply.

jamesthepeach

Victor wrote: »

This doesn't work. You need planning permission for change of use of land. Storing a mobile home or vehicles on land is a change of use.

Not if it's only there a short while at a time.

Anyway as another poster said. A caravan site would be ideal, but you might only be able to stay there a certain number of months.

Peregrinus

jamesthepeach wrote: »

Not if it's only there a short while at a time.

The OP mentions a period of "a couple of short years". But I'm thinking a short year is probably about the same length as an ordinary year.

jamesthepeach

Peregrinus wrote: »

The OP mentions a period of "a couple of short years". But I'm thinking a short year is probably about the same length as an ordinary year.

That's why I said to move it now and again.

Homer

jamesthepeach wrote: »

That's why I said to move it now and again.

I think you are confusing a caravan and a mobile home! They are two very different things to move! One is connected to services typically and one is not.

Peregrinus

jamesthepeach wrote: »

That's why I asked if it had wheels.

Once it's been connected to services and the OP is living in it, the fact that it has wheels and so could in theory be moved to another property isn't really that helpful, to be honest.

Zenify

I'm sure there is some law in Ireland protecting traveller rights to park a mobile home? am I wrong?

lawred2

Lumen wrote: »

Move it to a caravan site.

or a halting site

Michael D Not Higgins

Zenify wrote: »

I'm sure there is some law in Ireland protecting traveller rights to park a mobile home? am I wrong?

Only at designated halting sites. There are times when you'd see Travellers parked up on a site somewhere and they are effectively trespassing. The property owner sometimes has to get a court order to remove them.

db

If you do not already have planning permission to build a house on this land it is very unlikely that you will get permission for a mobile home. Councils will usually allow a mobile home on a site while a house is being built with strict time limits.

Mooooo

Mobile homes are generally only called mobile as they can be lifted on to a lorry, anything with wheels is a caravan. They need planning so either op needs to apply for retention which she may or may not get

tradesman

I wonder has every traveller their planning permission papers in order?

LincolnHawk

You might be able to fight it OP, but you need legal advice so talk to a solicitor.

Graham

LincolnHawk wrote: »

You might be able to fight it OP, but you need legal advice so talk to a solicitor.

Probably better to talk to someone who specialises in planning permission rather than law.

OP, I don't rate your chances. You can almost guarantee that whoever made the complaint is also going to raise objections to your planning application.

A local planning consultant should be able to give you some direction on what the local planning department will/won't consider.

Have a read through some of the threads in the construction & planning forum.

Shannonr13

thanks for your reply. Would this be a costly process? We done all this so we can save, we seem to be throwing money left right and centre at the moment

Gumbo

Shannonr13 wrote: »

thanks for your reply. Would this be a costly process? We done all this so we can save, we seem to be throwing money left right and centre at the moment

Yes Ian the short answer.
If you don't comply with the enforcement notice (I'm guessing a section 152 letter), they will have you in court rather quickly. In Dublin, it's the four courts on the quays, so whatever the equivalent of them in your area are (high court, district court etc)

Legal fees build up very quick.

And to put it bluntly, I can guarantee you will not get planning permission or retention to retain the caravan.

Don't listen to people who tell you move a mobile home every few weeks etc as they clearly don't know planning law. The breech is the placement of the caravan and the use of the caravan (habitable in this case) with the site boundary. So if you move it 10 feet tomorrow the section 152 warning notice still applies.

There are planning guides for the storage of a caravan on a site, buts it's restricted yearly (9 months of the year iirc) but the moment you start loving it, that goes out the window and you are in breech of planning law.

I'd save your money and start looking elsewhere for somewhere to live while you save for the house.

kceire

kceire wrote: »

And to put it bluntly, I can guarantee you will not get planning permission or retention to retain the caravan.

.

Why so sure? It's a fairly common occurrence in my part of the country for people to live in a mobile home while building their house (and for a quite a while prior to building in some instances). My parents did it many years ago, my aunt did it (and got planning for it) and I would regularly see mobile homes in prominent locations close to main roads so I would have to assume some at least have planning.

Michael D Not Higgins

Mya Damaged Plaza wrote: »

Why so sure? It's a fairly common occurrence in my part of the country for people to live in a mobile home while building their house (and for a quite a while prior to building in some instances). My parents did it many years ago, my aunt did it (and got planning for it) and I would regularly see mobile homes in prominent locations close to main roads so I would have to assume some at least have planning.

As part of building on a site, you can sometimes get permission for a caravan on the site during the building works. This is not what the OP wants to do though. They want to live in it while saving, not while building.

sbsquarepants

Michael D Not Higgins wrote: »

Only at designated halting sites. There are times when you'd see Travellers parked up on a site somewhere and they are effectively trespassing. The property owner sometimes has to get a court order to remove them.

I wonder would the landowners neighbours be able to get a judgement if the landowner themselves wasn't bothered?

knipex

Shannonr13 wrote: »

thanks for your reply. Would this be a costly process? We done all this so we can save, we seem to be throwing money left right and centre at the moment

Do you have electricity, mains water and mains sewage connected ? or did you install and septic tank or well ?

Any of the suppliers could have resulted in the council making contact. Particularly a water or sewage connection..

evolving_doors

Looks Like you got 10 days! (Depending on the layout of the land and where it's situatued etc..)

http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#part3

Limited use of camping

CLASS 1

Temporary use of any land for the placing of any tent, campervan or caravan or for the mooring of any boat, barge or other vessel used for the purpose of camping.

1. Not more than one tent, campervan or caravan shall be placed within 100 metres of another tent, campervan or caravan at any time.

2. No tent, campervan, caravan or vessel shall remain on the land for a period greater than 10 days.

3. No tent, campervan, caravan or vessel shall be used for the storage, display, advertisement or sale of goods or for the purposes of any business.

4. No tent, campervan or caravan shall be placed on land within 50 metres of any public road unless the land is enclosed by a wall, bank or hedge, or any combination thereof, having an average height of not less than 1.5 metres.

Gumbo

Mya Damaged Plaza wrote: »

Why so sure? It's a fairly common occurrence in my part of the country for people to live in a mobile home while building their house (and for a quite a while prior to building in some instances). My parents did it many years ago, my aunt did it (and got planning for it) and I would regularly see mobile homes in prominent locations close to main roads so I would have to assume some at least have planning.

Because my profession and income is reliant on these regulations. Making planning applications, inspecting them and so on.

Even permission to live in a caravan during the build is rare and is probably something that's a blind eye is turn to rather than getting permission to do so.