MOBILE HOMES AWAIT SUPREME COURT RULING

The Admissions Chamber of the Supreme Court has agreed to admit the appeal lodged by a campsite in Tarragona against a judgment of the Supreme Court of Catalonia which upheld the decision of the city council of that city to refuse the installation of mobile homes at the campsite on the grounds that it was a use of land and therefore subject to prior planning permission.

In its ruling, the SCJ argued that the fact that the mobile homes have wheels does not alter the fact that there is an occupation of land in a campsite that involves the use of land that is subject to prior planning permission.

Against the ruling of the TSJ, the campsite argues in its appeal that this type of mobile home is included in the category of trailers, as they are habitable recreational vehicles that would not need a prior planning permission from the local councils.

In its order, the Board of Admission explains that the question is of interest to the court because the solution to be adopted may affect a large number of situations, given the progressive use of mobile homes and the absence of case-law on the matter.

The Supreme Court has admitted the cassation appeal, specifying that the questions on which it is understood that there is an objective interest in the formation of case law consist of:

a) Determine the nature of the so-called “mobile homes” in terms of land use planning permission requirements, and

b) Determine whether the camping activity licence also covers the installation of mobile homes.

The ruling issued by the Supreme Court will unify criteria throughout Spain and will either be a boost for campsites and individuals who use and enjoy mobile homes, or an obstacle that will generate more red tape and bureaucracy when it comes to obtaining the necessary municipal occupancy licences.

Article written by Juan Chapapría