Judicial scrutiny on mobile homes and planning permits at campsites
The case before the highest court in Catalonia centers on whether portable, livable structures like mobile homes require full town planning approvals when placed on a campsite. The appeal was brought by a campground operator challenging a municipal decision that restricted such dwellings on the site.
Originally, the Catalan Superior Court of Justice upheld the municipal ruling. The court determined that installing mobile homes on the campsite constitutes a land use matter and must be authorized in advance through the appropriate planning license. The decision hinges on the interpretation of land use control within the local urban regime and the scope of the planning authority.
In its ruling, the Supreme Court clarified that the mere presence of wheels on mobile homes does not remove the land occupation factor inherent in campsite development. Because the site is used for habitation and recreational purposes touching the land, prior planning permission remains a prerequisite for use and occupation of the land, despite the mobile homes’ mobility.
Facing the ruling, the campground argued that these mobile homes fall under the category of trailers. They are designed for living and leisure, and it is claimed they should not require separate pre-planning permits from the municipalities.
Appeal interest
The Admissions Chamber notes that the issue merits appeal because the solution has potential implications for many similar setups. As mobile homes become increasingly common in various recreational and temporary housing contexts, a lack of settled jurisprudence on this topic leaves many cases without clear guidance.
The Supreme Court emphasizes that the central question concerns land ownership within the urban regime and how the competent authority regulates land use. The case involves determining whether mobile homes are regulated as part of the campsite operation and whether they fall under the required town planning license for land use.
According to the court’s distribution rules, the Fifth Division of the Contested Division will first decide whether mobile homes constitute land use that requires a planning license. Secondly, the tribunal will determine whether the camping activity itself, including the installation of the mobile homes, falls within the scope of that license. The ruling in this matter will guide future decisions for similar camping projects and the broader issue of how temporary living spaces are treated under planning law.