Brian at the caravan EVICTED!!!!!!!!!!

[Govangirl]

This story made me so sad, whatever the 'facts' are. Poor Brian. Everyone with an interest in his well-being should try and do their bit on finding out how he can be helped. And I just have to comment on Ionnsaigh's post. It was beautiful and made me see how lovely Brian is.

[rtodd31]

didn't notice your post history there was no circumstances around this brian got the letter out the blue which makes the family think hmmmmmm very strange why all of a sudden after 10 yrs i mean if it is law or whatever how not enforce it sooner or at least a little bit of pre warning having said that we're not the council and i really don't know what harm the caravans doing if any

[History]

why all of a sudden after 10 yrs i mean if it is law or whatever how not enforce it sooner

As Malky said the Planners seem to be tightening up on legislation surrounding development and possibly caravans are now coming under scrutiny? I have no idea how they determine that one caraven is okay on the site and another isn't.

Seems like your answers will come from a chat with the Planners in Ardrishaig or as suggested an informal chat with a lawyer.

Am I right in thinking that Brian has a private residence in town where he stays all week and then takes off to the caravan at the weekend?

Maybe they'll be looking for council tax and class it as a second home

[rtodd31]

land yeah maybe history i'm with fyne homes and we got a letter in the other week suggesting that since some 3 bedrooms have 2 toilets they're going to charge us extra rent and if we are an energy efficent home they'll charge extra rent but how they think there going to do this and people agree is beyond me cos i certainly won't be watch this space!!!

Back onto Brians caravan emmas going to look into it next week maybe its just me but i'm still confussed if its the farmers land how can anyone tell them to move someone from they're land if they own it

[Malky]

but i'm still confussed if its the farmers land how can anyone tell them to move someone from they're land if they own it

Just because someone owns a bit of land doesn't allow them to do anything they want with it. Without some form of rules and regulations it would be a free for all. Bit like this place really

Malky

[ionnsaigh]

I would get myself up to the caravan. This whole affair must play havoc with your health - a two week line, off the doctor - wouldn't go amiss. Setting up camp - in the dead of winter - would draw attention to your plight. I would erect some kind of banner - for those on the road to see. You could keep the world posted through the Forum. I would suspect that well wishers would stop by - offering all kinds of support. A few toots here and there - is double edged. Get family volunteers to do the night shift. I really don't know - however hears hoping - you go for it.
Before the battle they cried - Ionnsaigh.

[sherbetfruit]

Not sure if this will be of any assistance to Brian

http://www.scotland.gov.uk/Publications/1999/03/pan54

It states:

"• time limits on enforcement action provide for two time limits within which any enforcement action must be started:
a. four years for unauthorised operational development and change of use to a single dwellinghouse after which it becomes lawful if no enforcement action is taken, beginning with the date on which the operations were substantially completed or the change to a single dwellinghouse occurred;
b. ten years for all other development including change of use (other than to a single dwellinghouse) and breaches of condition, after which they become lawful if no enforcement action is started, beginning with the date on which the breach occurred (Section 124)."

Is it possible for Brian to prove that his caravan has been on site for more than ten years? Does he have invoices from the landowner? Or even utility bills or something similar?

On the serving of the notice it states that:

"• An Enforcement Notice must then be served on the owner and the occupier of the land to which it relates, and any other person with an interest in the land if the authority considers that interest to be materially affected by the notice.
• It is important to ensure that all appropriate people have been served and to ensure that the alleged breach of control is not immune from enforcement, as there are specific grounds of appeal in respect of both these matters."

I suggest a phone call to the local planning department, asking about rights to appeal where the enforcement notice has not been served on the occupier.

Good luck and I hope to see the caravan on my next trip home

[esharp25]

Thankyou Sherbertfruit but unfortunately i'm sure he's been there under the 10 year mark (only just ) I do understand that their has to be some kind of rules and regulations but sometimes...things just don,t seem fair. i would like to say a big thank you to all who have had suggestions or just offered support (and Doodledandy sorry again for the misunderstanding) and to Ionnsaigh when i read out your first post to my Dad as soon as i began to read he said ' i no who that is' he went quiet as i read it out to him and had a wee chuckle now and again...finally he had to go off the phone as i think he was just so truley touched by what you wrote as was i...thankyou !!!!

[pat.mcphee]

Absolutely outrageous!!! Brian and his van are a national insititution. Leave him alone!!

[UP THE ROAD]

Absolutely ridiculous-- Over the years travelling up and down the road by car it was great to see that the caravan was still there as so much has changed over the years--he is a credit to free thinking Campbeltonians and should be left alone--Spoiling the view--WHAT NONSENSE!

[mrn]

Perhaps people can get their facts correct before starting rumours? Do you actually know for a fact that someone complained? It is completely wrong to come on here pointing the finger without knowing the facts. Perhaps the Planning Dept just caught up on the caravans that have no permission to be permanently located where they are? Its not just Brian's caravan its the other two there. Story I heard is the caravans have been there without any planning permission.

Saying that I do feel saddened that this action has been taken. Surely retrospective planning permission could have been seeked?

[rtodd31]

Brian is on the farmers land and has had been there for just under 10 yrs and there has been no hassle with brian being on the farmers land and as esharp previously stated she did get the facts right 2nd time around and apologised for that to whoever was concerned anyway the facts were in the letter and no names have been mentioned to who might've or might not have said what to who and the whole planning thing has been covered for everyone to see by a previous poster which was appreciated and as far as we are aware the other caravans are fine where they are

[ex roadie]

I was sorry to hear my ex workmate Brian is being evicted from caravan.I know how much he loves it.
Lets hope something can be done about it,maybe get council to reconsider?
I know I never travelled up road without looking for Brians caravan it was a landmark.

[Jock Strap]

Brian is on the farmers land and has had been there for just under 10 yrs and there has been no hassle with brian being on the farmers land

Heard Planning are clamping down. Farmer should've also known planning permission was required. Surely the people in the caravans must have known you just can't put your caravan anywhere and expect there to be no problem with that?

Surely, however, something can be done? Wish Brian etc well

[rtodd31]

hmmmmm not sure jock strap i think though when you get to nearly 10 yrs or for the other ones that've been there longer and theres been no hassle and now this its like a kick in the teeth but i'm sure it'll work itself out