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East Riding of Yorkshire Council
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Lakeminster Park - Frequently Asked Questions


1. The Enforcement Notices give an 18 months period for compliance - where does this period come from, would the Council like to have things settled sooner and would I be expected to move before any outstanding claim has been settled?

2. Who is responsible for the removal of the caravans and other items mentioned in the Enforcement Notices?

3. Why am I still paying rent/council tax for my property, particularly if it has no planning consent?

4. The planning condition on the (lapsed) planning permission said the units 'shall be occupied for holiday purposes only'. What do the council define as a holiday?

5. Are the council considering re-homing residents who do not have the finances to buy anywhere else?

6. What rehousing priority will I have and what property might I be offered?

7. Is the council only pursuing this Enforcement action because the council has its own plans for the site?

8. A High Court challenge was made to the Inspector's decision on the redetermined appeal lodged by Mr Coates and Lakeminster Park Limited. Will this affect the Enforcement Notices?


1. The Enforcement Notices give an 18 months period for compliance – where does this period come from, would the Council like to have things settled sooner and would I be expected to move before any outstanding claim has been settled? 

The 18 month period was agreed by Lakeminster Park Limited’s and Alan Coates’ legal representatives at the Planning Inquiry as a reasonable period for the Notices to be complied with.  As of November 2015, over 30 households have complied with the enforcement notice by finding accommodation elsewhere.  The Council is aware that Lakeminster Park Ltd has written to the site’s remaining occupants suggesting that the time for compliance with the notice can be the subject of a further legal challenge by way of judicial review. This suggestion should be disregarded as it is legally incorrect.

 

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2. Who is responsible for the removal of the caravans and other items mentioned in the Enforcement Notices?

This is a matter for occupants to discuss with Lakeminster Park Limited and with their own legal advisors. The Enforcement Notices were served on all parties with an interest in the land and it is the responsibility of the respective parties to comply with them.

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3. Why am I still paying rent/Council Tax for my property, particularly if it has no planning consent?

Although it was accepted during the Inquiry preparations that Lakeminster Park Limited had not lawfully implemented the 2006 planning consent and, therefore, the site currently has no planning consent, this does not affect the responsibility to pay Council Tax. The payment of rent or other fees and charges to other parties (such as Lakeminster Park Limited) is a private matter and occupants should discuss this with their legal advisors.

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4. The planning condition on the (lapsed) planning permission said the units 'shall be occupied for holiday purposes only'. What do the Council define as a holiday?

A holiday for the purposes of the planning permission is defined as 'an extended period of recreation away from the sole or main place of residence'. This is not simply the Council's own interpretation; it is a meaning which is consistently used by Planning Inspectors in planning and enforcement appeal decisions. None of the Lakeminster Park appellants challenged this legal meaning of 'holiday' in their appeals. This meaning of holiday use is also used by other statutory consents. 

Whilst many people take several holidays each year and not exclusively in the summer months, holiday accommodation should not be occupied in a manner that it becomes a person's sole or main place of residence otherwise it would be viewed as being permanent residential accommodation in planning terms.

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5. Are the Council considering re-homing residents who do not have the finances to buy anywhere else?

The Council's Housing officers will be willing to review the housing application status with anyone who wishes to do so. Please call Housing Services on 01482 396301 or call into the Council's Customer Service Centre, Cross Street, Beverley if you have not registered with the Council for rehousing and wish to do so. If you have registered already, please keep in close contact with our housing service.

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6. What rehousing priority will I have and what property might I be offered?

These are detailed matters that will be discussed on a case by case basis between individuals and Housing Services.

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7. Is the Council only pursuing this Enforcement action because it has its own plans for the site?

The Council has taken planning enforcement action at Lakeminster Park because it became apparent, despite the operator’s earlier assurances that units were being occupied lawfully, that there had been a blatant breach of the holiday occupancy conditions on the planning consent. Lakeminster Park Limited admitted at the Public Inquiry that the land now has no lawful planning status at all.

The Council does not own this site and the Appeal Decisions cannot change that.

The Council’s latest land use plans for the Woodmansey/Beverley area (and the remainder of the East Riding) are set out in the emerging East Riding Local Plan. You can also view it at Beverley Customer Service Centre.

The Local Plan does not make any proposal for development of the Lakeminster site. A ‘bid’ for the site’s development for housing was submitted on behalf of the landowners (ref. WOOD22), but this was rejected because the site is remote from the main body of Woodmansey and was, at that time, identified as being at risk of flooding.

 

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8. A High Court challenge was made to the Inspector's decision on the redetermined appeal lodged by Mr Coates and Lakeminster Park Limited. Will this affect the Enforcement Notices?

An attempt to challenge the Inspector’s decision to refuse planning permission (link below to the decision itself) was struck out in April 2015, and a further attempt to challenge this striking out was dismissed in the High Court on 6 November 2015. Leave to appeal to the Court of Appeal was refused at the same hearing.

Substantial costs were awarded to the Council and the Secretary of State against Lakeminster Park Ltd and Alan Coates jointly and severally. There has never been any legal challenge to the Inspector’s decision to confirm and uphold the enforcement notice.

Inspector's Decision (pdf 489kb opens in new window)


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Guidance revised 16.11.2015

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