email from ards and north down

Donaghadee

 
 
 
 
 
 
Micklad
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email from ards and north down

 ·  Posted: 07.05.2019  ·  #1
hi all just thought id post a recent reply i received from alex irvine regards donaghadee common for your information im sure you can see the hidden agenda as if we didnt already know.

Good morning Mick,

Thank you for your email.

The current situation is that we are undertaking a review of provision for overnight stays by motorhomes in the Borough.

In the meantime have had to prohibit overnight parking at the Commons as it has recently come to the Council’s attention that the arrangements at the Commons inadvertently contravened relevant legislation, specifically the Caravans Act (Northern Ireland) 1963.

Unfortunately we are not in a position as yet to say when or precisely how the Council will address provisions for motorhome stays going forward, but planning is ongoing internally.

I realise this does not specifically clear up the Commons question for you other than its facility as an Aire de Service provision solely but is where things currently are.

At this time we can only direct users to the commercial operators in the Borough of which a list is available via our website.

We will aim to keep you up to date with progress when we have something definitive to update.

Regards, Alex
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #2
In what way has the Council supposed to have breached the Caravans Act, Norn Irn, 1963.

Now I ain't no lawyer Governor, but it seems to apply to businesses wanting to make provision for MH's on their, non-public, land.

If you park up on the Commons maybe there is no need of a licence.

If one is parked dangerously then that is a matter for the Police.

I am gonna e-mail them to ask how specifically the Caravans Act is being breached by a MH being on the Commons.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #3
The council are very much pro motorhomes parking. How much energy they have for fighting this, remains to be seen.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #4
I also received this response and it was from Alex tourism manager in response to an email to the tourist director.

I know the council would like to have this sorted.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #5
The legislation well an extract from it.

(1)Subject to the provisions of this Act, an occupier of any land shall not after the commencement of this Act cause or permit any part of the land to be used as a caravan site unless he is the holder of a site licence (that is to say, a licence under this Act authorising the use of land as a caravan site) for the time being in force as respects the land so used.

(4)In this Act “caravan site” means land on which a caravan is stationed for the purposes of human habitation and land which is used in conjunction with land on which a caravan is so stationed.

Caravan is the term used but it includes MHs.

The council could grant themselves planning permission and a site licence but it would have to take on board the model conditions which include the 6 metre rule.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #6
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email from ards and north down

 ·  Posted: 07.05.2019  ·  #7
What exactly is an F3 District council and how would they occupy the land.
StrandCampingDoonbeg
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 ·  Posted: 07.05.2019  ·  #8
F3 = Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
In this case. SRO (NI) 1973/285
But I don’t know how the Council would occupy the land.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #9
joeflo
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #10
I wondered if a council car park is ref council occupied
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #11
All they need to do is change the by-laws to allow parking of Motorhomes. Parking NOT CAMPING. They are a council they can change things and they can fight this in court and win if they have the stomach for it.

There is already a precedent set.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #12
Definition of caravan in the 2011 Act:

15—(1) In this Act “caravan” means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted, but does not include—

I am not a lawyer but I’m sure the council would have got legal advice and based on the 63 Act and 2011 Act would have concluded they need Site licence for their aire.
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 ·  Posted: 07.05.2019  ·  #13
Are you quoting the GB act or the NI? I'm wondering if there were any 2011 adjustments as the NI GVT was in power then but they didn't do very much.

I'll read it later when on pc.

http://www.legislation.gov.uk/apni/1963/17/contents
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #14
I will add I’m totally in favour of Aires but looking at the legislation in NI and England and Wales it would appear that Aires with more than 5 bays would require a site licence. It is different down here.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #15
Quote by Ally

Are you quoting the GB act or the NI? I'm wondering if there were any 2011 adjustments as the NI GVT was in power then but they didn't do very much.

I'll read it later when on pc.

http://www.legislation.gov.uk/apni/1963/17/contents

NI legislation as it is slightly different to England and Wales.
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #16
 
StrandCampingDoonbeg
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #17
Quote by Ally

 


Is that tintagel in Cornwall?
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #18
Not sure, but it shows it can be done.
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email from ards and north down

 ·  Posted: 07.05.2019  ·  #19
Quote by StrandCampingDoonbeg

Quote by Ally

 


Is that tintagel in Cornwall?


It certainly looks like it is .if you google it you see similar sign up and lots of campers
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #20
It is Tintagnel.We stayed there 2 years ago. Large car park marked out with motorhome area
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Re: email from ards and north down

 ·  Posted: 07.05.2019  ·  #21
So just to be clear. According to Ards and North Down Council, Mid and East Antrim Council should be requiring compliance with The Caravans Act (NI) 1963 if truckers 'live' and sleep overnight in their vehicles HERE at Larne Port Transport Cafe Truck Stop :P
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Re: email from ards and north down

 ·  Posted: 09.05.2019  ·  #22
It would appear that the commons in Dunaghadee is still operating as usual, we were there on Sunday 5/5/19 and when we landed there were 4 Motorhomes parked but later in the day there were about 9.
Late on Sunday evening the council van came in around and drove slowly right along the carpark then drove slowly back again and left.
Nothing different from the last time we were there.
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