Motorhome campaigner issues challenge to North Yorks County Council

National Motorhome Organisation objects to proposed order

North Yorkshire County Council originally launched a consultation last year with the aim of banning overnight stays by motorhomes at various roads in Scarborough, Cayton, Filey, Sandsend and Whitby, but had to withdraw it because it did not state the reasons for the prospective order. The consultation was relaunched, after issuing those reasons, and then extended to 7 April. Andy Strangeway of the National Motorhome Organisation has now issued his objections to the proposed order based on the Council’s Statement of Reasons, listed as follows:

1. “It is reported that heavily affected sea-side streets often experience one motor caravan being replaced by another.” There is no evidence to support this statement.
2. “The specific amenities that the Council considers are impacted upon by the overnight camping of motor caravans are the change in character of a street (from a public highway for all to enjoy, to a camping site).” There is no evidence to prove anyone is camping in a motor caravan.
3. “..loss of view/sea view for other highway users and particularly for neighbouring properties…” This statement is absurd as the vast majority of the time the order will be in place it will be dark!
4. There is no loss of sea view on Royal Albert Drive as there is a cliff behind the parking bays.
5. ” …noise, litter, extraneous light, and the depositing of waste into highway gullies.”  There is no evidence to support this statement.
6. “Residents should have the reasonable right to enjoy the aspect of their properties and the amenities of the area without large vehicles inhabiting the street adjacent to and in close proximity to their homes, (which in the locations includes, as an amenity, a sea-side aspect).” This is not a legal right.
7. “The amenities are further detracted from through over-night parking of such vehicles due to the impact upon some public services (including road sweeping and waste emptying that overnight camping brings” There is no evidence to support this statement and no evidence to prove anyone is camping.
8. “There are many other locations in Scarborough Borough where motor caravans may continue to park unrestricted on the publicly maintainable highway.” North Yorkshire County Council have failed to provide a definitive list of these locations.
9. “Overnight occupancy of motor caravans” This statement is unproven.
10. “This can impact upon the rights of the permanent residents to enjoyment of their property, and their privacy.” This is a false statement as no such right exists to a sea view.
11. “The overnight occupancy of motor caravans generates noise, sometimes within close proximity to residential properties which can be anti-social for permanent residents.” The Road Traffic Act cannot be used for anti-social behaviour. To do so is a breach of fundamental legislation.
12. “The overnight occupancy of motor vehicles on the highway, in locations which do not include appropriate facilities for camping, can lead to inappropriate use of highway gullies and drains for the depositing of waste. The effective “camping” on the highway also generates larger volumes of refuse, beyond the normal amounts of litter generated by those visiting the location for a short-stay.” There is no evidence to support this statement.
13. “This refuse can be deposited in public litter bins, a purpose for which they are not designed” Neither NYCC or SBC can provide evidence that litter bins are provided for use between the hours of 07.00 and 23.00
14. “.. and a seasonal high volume of waste has historically been experienced in the various locations, which can cause spillages onto the highway and may necessitate the Borough Council increasing its cleansing schedule, to allow the for the bins to be used by day trippers as intended.” There is no evidence that this is due to the overnight parking of motor caravans. Litter bins are not provided solely for day trippers as they are most certainly provided for local residents.
15. “Overnight occupancy of motor caravans can increase the level of lighting on the highway during the hours of darkness.” This statement is both absurd and without evidence.
16. “This is undesirable because it can be distracting for highway users and anti-social in locations which are in close proximity to nearby residential properties.” The Road Traffic Act cannot be used for anti-social behaviour. To do so is a breach of fundamental legislation.
17. “Not all amenities of the area would be preserved, as one of the amenities is the 24-hour use of the affected streets by motor caravans, which would be prevented by the Order.” The order would “preserve a right”, which is not a right, for approximately 1,000 affected properties but remove a right, 24-hour parking, which is a legal right, from over 250,000 UK motor caravan owners.

Andy said, “The above 17 points clearly demonstrates that the Statement of Reasons is either unsubstantiated, false or in breach of fundamental legislation.” He also pointed out that:

1. NYCC stated to the National Motorhome Organisation, “The loss of sea view is one of several amenities affected.” As the Statement of Reasons do not state any other amenities affected the Statement of Reasons is false.
2.  NYCC stated to the National Motorhome Organisation,  “The bins in the location are placed by Scarborough Borough Council and are placed in the highway to accommodate the waste generated by day-trippers and general passers by.” There is no evidence to support this statement.

Andy stated, “For the above reasons the ‘No Motor Caravans’ order cannot be introduced. If NYCC ignore the stated reasons and introduce an order they will face a Judical Review which will consider the stated reasons in a court of law.”

He went on to ask permission to be able to speak at the meeting at which the order was going to be discussed by the Council. You can do your bit by putting pressure on your local council. Follow this link to where one reader has prepared a letter than can be cut and pasted, then sent to your local council to represent motorhomers point of view.



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