Supreme Court will determine so-called mobile homes – portable homes – and doctrine planning permission needed or not for your setup. Will do this as a response appeal offered by a campground tarragon against not allowing the establishment of such dwellings by the city council.
The municipal decision was initially upheld by the Supreme Court of Catalonia (TSJC), but will now be reviewed by the supreme court. The Catalan court ruled in its decision that it was not possible to allow such a house to be built on the campsite, as it was a land use issue and therefore subject to prior planning permission.
The Supreme Court stated the following in its decision: the fact that mobile homes have wheels Doesn’t change the fact that there is a land occupation at a campsite that requires the use of land that is subject to prior planning permission.
Confronted with this decision, the campground alleges in its appeal that such mobile homes are included in the category of trailers because they are livable recreational vehicles that do not require pre-planning permits from municipalities.
Appeal interest
The Admissions Chamber explains at its disposal that the issue is of interest to appeal because the solution adopted, given its progressive use, can affect a multitude of situations. mobile homes and lack of jurisprudence on this matter.
The Supreme Court “understands that it must decide on the contentious issue, given the prevalence of land ownership in its urban regime and the control of its use by the competent authority; mobile homes or mobile homes.
The Court notes that, in accordance with the distribution rules, the Fifth Division of the Contested Division will be authorized to determine in the first instance the nature of the mobile homes in terms of the applicability of the town planning license for land use. Second, the Almighty will solve if the camping activity is covered by the license as well as the installation of mobile homes.