A man has hired a crane to prove to his local council that his shed should qualify as a temporary structure.
Steve Holden was told by Hastings Borough Council that his shed is a permanent structure and needed planning permission for it to remain.
However, his application was refused and was told it must be removed within three months prompting him to hire a crane to prove to the council it should qualify under the Caravans Act and not require any planning permission.
Claims shed qualifies under the Caravans Act
Mr Holden and his representatives has argued that the shed should qualify under the Caravans Act as the structure is moveable.
Mr Holden explained that as the shed is "a single frame and has no foundations so it is moveable in one piece" and that it "complies with the Caravans Act" even though it doesn't have wheels.
The man who he hired to build the shed, Peter Bucklitsch, supported his application claiming: "If this action against Mr Holden goes ahead it would have implications for people with caravans in their drives, who would then require planning permission. I have raised these issues with the council but they have not responded. In terms of law this is a chattel, which is effectively a personal possession.”
Mr Holden added: “Mr Bucklitsch, who built it assured me it did not need planning permission as it is easily moveable. Unfortunately the planning department disagree."
Why was the crane hired?
In order to demonstrate that the shed was moveable Mr Holden hired a crane to lift it off the ground.
He said: "It hasn’t been cheap hiring a crane but I wanted to prove a point.
"It is not attached to the ground in any way and by lifting it with the crane to show clear ground underneath we hope to have proved that.”
The crane did indeed lift the shed off the ground and Mr Holden even told reporters he was willing to lift the shed onto the back of a lorry and drive it to the council to prove how moveable it was.
Enforcement gives three months to tear shed down
Mr Holden has said he hopes the demonstration will change the council's original planning decision that told him he had to remove the shed within three months.
Mr Holden said: “It has been a long and very expensive process. I applied for retrospective planning permission, which was turned down and then had the enforcement order made which has given me three months to remove it."
Hastings Borough Council stated: “Mr Holden has sought to gain planning permission however, this was refused and a subsequent appeal against this refusal was dismissed by the Planning Inspectorate. Since then the Planning Enforcement Team have requested the unauthorised structure is removed.
"The Planning Enforcement Team have and continue to be open to discussion with Mr Holden regarding this matter, however the structure is in breach of planning control.
"Mr Holden has the right to appeal against the enforcement action taken by the Council and he is able to make his representations regarding the structure to a planning inspector.”
