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Sleeping in your van on the drive


Minstrel

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Friends of ours who've just bought a motorhome have been told by another motorhomer that a law was passed last year forbidding sleeping in your motorhome on your driveway.

 

People won't be allowed to pitch a tent in the back garden for the children to sleep out next!

 

I'm sure this isn't true but you'll tell me if it is.

 

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Minstrel - 2010-03-07 9:50 PM

 

Friends of ours who've just bought a motorhome have been told by another motorhomer that a law was passed last year forbidding sleeping in your motorhome on your driveway.

 

People won't be allowed to pitch a tent in the back garden for the children to sleep out next!

 

I'm sure this isn't true but you'll tell me if it is.

 

I bl**dy hope it ain't true !! What am I gonna do when the missus kicks me out !! (lol)

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Minstrel - 2010-03-07 9:50 PMFriends of ours who've just bought a motorhome have been told by another motorhomer that a law was passed last year forbidding sleeping in your motorhome on your driveway.

Having a motorhome on one's driveway does lower the tone of one's neighbourhood.

 

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I hope its not true. We have a bitch coming in season and one of us will be sleeping in the van with her. It is the easiest solution.

 

If the weather forecast is bad, it will be me no doubt. :'(

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Minstrel - 2010-03-07 9:50 PM

Friends of ours who've just bought a motorhome have been told by another motorhomer that a law was passed last year forbidding sleeping in your motorhome on your driveway.

 

They should ask to see the legislation in writing.

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Most house covenants probably forbid this anyway, but providing you dont start hanging washing on a line next to the van :D then just adopt the atitude of the Frence and simple ignore it. This country is simple rule mad.
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chas - 2010-03-08 7:58 AM

 

Most house covenants probably forbid this anyway, but providing you dont start hanging washing on a line next to the van :D then just adopt the atitude of the Frence and simple ignore it. This country is simple rule mad.

Most? Our deeds definitely doesn't forbid any use of a motorhome, caravan etc.

 

Graham

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Neither do ours!

 

However many new estates since about the mid nineties do have such restrictions so before you buy a home anywhere get the deeds checked for covenants.

 

That said, this story looks like another one of those 'Chinese whisper' stories where something minor gets blown out of all proportion in the interests of sensationalism?

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chas - 2010-03-08 7:58 AMMost house covenants probably forbid this anyway, but providing you dont start hanging washing on a line next to the van :D then just adopt the atitude of the Frence and simple ignore it. This country is simple rule mad.

We're actually no more rule-mad than most other E.U. countries and I suspect that the main problem here would be with your local planning department.

Even if your home doesn't have a 'No 'Vans' covenant, if you started living in a motorhome on your drive I'm fairly sure that you'd need some kind of planning permission, which would not be granted.

I see nothing wrong with using your 'van on your drive for a few days in an emergency. If my electricity failed for a few days the motorhome would be on my drive within a couple of hours.

Finally, if ever a bunch of travellers decide to park in your street and live there for several weeks, you may well be grateful that this country has some rules!
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It may be just another senior moment but I had the feeling that is is/was a law or bylaw that allowed you to use a caravan for sleeping on within the curtilage of your own property for up to 28 nights a year as long as 'residential' services such as sewage, mains water, electricity or gas were not permanently connected?
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Tracker - 2010-03-08 10:20 AMIt may be just another senior moment but I had the feeling that is is/was a law or bylaw that allowed you to use a caravan for sleeping on within the curtilage of your own property for up to 28 nights a year as long as 'residential' services such as sewage, mains water, electricity or gas were not permanently connected?

You are right but I said 'If you start living in your motorhome on your drive....."

You can use it for 28 days in any twelve-month period but if you start living in it permanently you would have to apply for planning permission, which I'm sure would not be granted!

One way around this would be to start telling fortunes, selling some wooden pegs and lucky white heather. The local council would then be scared to death of prosecuting you in case they it was accused of racism.
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Tracker - 2010-03-08 10:20 AM

 

It may be just another senior moment but I had the feeling that is is/was a law or bylaw that allowed you to use a caravan for sleeping on within the curtilage of your own property for up to 28 nights a year as long as 'residential' services such as sewage, mains water, electricity or gas were not permanently connected?

The 28 days appears to apply to non-residents rather than the occupier of the property (which is the subject of this thread).

 

See paragraphs 1 and 2 of the First Schedule to the Caravan Sites and Control of Development Act 1960.

 

Paragraph 1 appears to place no restrictions on use of a motorhome/caravan by the house occupier.

 

Graham

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Finally, if ever a bunch of travellers decide to park in your street and live there for several weeks, you may well be grateful that this country has some rules!

 

Hello Tom, can you please define 'travellers'? I wouldn't be too pleased about several weeks.

 

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Tracker - 2010-03-08 10:10 AM

 

Neither do ours!

 

However many new estates since about the mid nineties do have such restrictions so before you buy a home anywhere get the deeds checked for covenants.

 

You are correct. Many do forbid parking a caravan or motorhome on your drive never mind sleeping in it.

 

As we live in an older house we are not governed by these restrictions thankfully. Our motorhome doubles as an extra bedroom if we have visitors in the summer months.

It's usually me that ends up out there I hasten to add!! (lol)

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J9withdogs - 2010-03-08 11:25 AM

 

Out of interest, is a motorhome classed the same as a caravan in these convenants? Many would have been written in the days before motorhomes became popular.

That will depend on the wording of the covenant. If it merely covers towed vehicles (some include things like boat trailers for instance) then probably not. However, if it is wide enough to mean any "big white box" it may well do so.

 

Graham

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Our house built in2001, does have a covenant. No Caravan, Trailers, Boats Vans to be kept on drive. We put our Mh on drive only to load up/unload. maybe keep it one night on drive. Most new homes do not have large enough drives anyway. ( our MH overlaps the pathway slightly) If you keep a MH or Caravan on your drive permanety, surely this announces to would be burglars, that you are away , when the van dissappears?
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GJH - 2010-03-08 10:38 AM
Tracker - 2010-03-08 10:20 AMIt may be just another senior moment but I had the feeling that is is/was a law or bylaw that allowed you to use a caravan for sleeping on within the curtilage of your own property for up to 28 nights a year as long as 'residential' services such as sewage, mains water, electricity or gas were not permanently connected?
The 28 days appears to apply to non-residents rather than the occupier of the property (which is the subject of this thread).See paragraphs 1 and 2 of the First Schedule to the Caravan Sites and Control of Development Act 1960.Paragraph 1 appears to place no restrictions on use of a motorhome/caravan by the house occupier.Graham

Your reference is to caravan sites and is the same law that allows farmers to have a CL. Legislation for private dwellings is very different but the 28 days still applies.

You may be able to keep a 'van on your drive all year but you cannot live in it for more than 28 days.

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GypsyTom - 2010-03-08 11:53 AM

Your reference is to caravan sites and is the same law that allows farmers to have a CL. Legislation for private dwellings is very different but the 28 days still applies.

 

You may be able to keep a 'van on your drive all year but you cannot live in it for more than 28 days.

 

http://www.telegraph.co.uk/property/propertyadvice/3342973/Property-clinic-hatching-a-plan-for-our-egg.html

Interesting Tom. However, I should have more confidence in John Winter's "interpretation" if he actually pointed to the specific legislation on which he bases it, rather than just a nebulous reference to "planning acts" which he actually describes as "unclear".

 

Looking at various local authority web sites confirms that it is The Caravan Sites and Control of Development Act 1960 (as amended) which contains the relevant planning legislation.

 

In that Act the 28 day provision is mentioned only twice in Schedule 1 - in paragraph 2(b), which deals with use by a person travelling with a caravan, and paragraph 3(1)(a), which deals with land of at least 5 acres which has not been built on.

 

Significantly, there is absolutely no mention of 28 days (or any other time period) in paragraph 1 to Schedule 1, which is the part of the legislation relevant to the subject of this thread.

 

Graham

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Don't do what we did ....

 

We have a house built in 1999 that mentions caravans, but not motorhomes, can be parked behind the line of the property ie out of site. We built a new drive up the side of the house and parked the van on it. The neighbours complained to the Council, sneakily sending pictures of the offending van.

 

Along came the man from the Council with his clipboard and inspected what we had done. He hummed and tapped his clipboard, and then gave us his decision, "You needed planning permission to put a new drive on to the highway. However, you've done the job to the standard we set (I got the standards from a BBC website) so here's your planning permission. I wish other people took action to remove cars from the street. Have a nice day. Oh, and by the way, the neighbour over there should be asked to remove the satellite dish, that one over there has planted the wrong bushes on the service strip, and that garden there seems to have lost the protected tree."

 

People have slept in the van by the side of the house for a few nights at a time but not for 28 days.

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I dont know what you lot are worried about, I received a letter from our local council 2 weeks ago and here is the gist of what they wrote to me

It has come to our attention that you have a motor home parked at the side of your house.

On checking our files we have no record of an application being submitted by you for this second home. In accordance of bye line 7 paragraphs 19 of the housing act of 1985 it is stated that “all dwelling homes must have planning permission allocated”

As this home is in full view of the public road it is necessary for ground rent to be paid on this motor home. The fee for this is calculated at £3.57 per day. We would be grateful if you could send in the total fee for this rent to cover cost to date, additional fee to cover remaining days that this motor home will be parked on this space.

Back fees for previous usage are also necessary as it has come to light that this motor home has been parked in this area previously. An invoice for same will be sent to you as soon as costs have been totalled to include late fee interest.

We would also be grateful if you could let us know details of the sewage system that the occupants of this motor home are presently using at the moment and in all previous occasions as you have failed to apply to this office for mains sewage for this motor home.

Failure to comply with these requests can and will lead to you incurring a fine of up to £1,500 or imprisonment or both.

We would be grateful if you would supply us with the above as soon as possible

 

 

Where do think I stand then ????

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I think you will find that this only refers to caravans as they are classed as trailers. Motorhomes which are taxed and insured are not included. Our deeds ban the parking of trailers and caravans in the front area of the property. Our local plod paid me a visit recently bcause of a complaint from a person living localy (I couldn't find who) and the policeman admitted that I was causing no problem and had every right to have it where it was even thouigh it was overhanging the ramp by about 60cm, I was washing the motorhome at the time before returning it to its storage place. He then went round moving all the cars that were half on the footpath. His parting comment was the complainer should get a life. *-) John.
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