Wealden woman's 'hell' as council argues home is not mobile

Linda Hazelgrove, of Highlands Lane, Chiddingly, built a “mobile home” on land at Friths in the same village in 2017.

The 62-year-old was issued with an enforcement notice by Wealden District Council in 2018, ordering her to take it down because it allegedly did not comply with planning laws.

Ms Hazelgrove pleaded not guilty to the allegation that she had not done everything in her power to comply with the enforcement, but was convicted at Brighton Magistrates Court on May 24.

She had permission for a 20 by 40 feet mobile home, but the council argued her home did not comply with the Mobile Home and Caravan Act.

Ms Hazelgrove told The Argus: “I am not a criminal and haven’t done anything wrong, but that is how I am being made out.”

The building was “unauthorised” and considered to be “detrimental” to the location with an “unacceptable impact on the amenity of local residents,” said Wealden District Council.

“My caravan is not an unauthorised building and there is no impact on the community or neighbours as we have trees all around,” said Ms Hazelgrove.

“It was a nasty neighbour with a vendetta which the council upheld. This has made my life hell.”

The steel chassis upon which the home was built (Image: Linda Hazelgrove)

Ms Hazelgrove appealed the enforcement in 2018 and, after an inspection the following year, her appeal was dismissed.

In the appeal, Ms Hazelgrove argued that the building is a caravan, which would therefore constitute a use of land rather than a building.

The council and Ms Hazelgrove were in dispute about this as the “mobile home” has two bedrooms, a large kitchen/lounge, bathroom and an en-suite shower.

She said the home unbolts and splits into two halves and therefore complies with the legislation.

In the appeal report, a government planning inspector declared that it was a building rather than a caravan because of its size and permanence.

But Ms Hazelgrove argues that the building can be moved in one and therefore complies.

She also says it is built on a steel frame chassis, rather than more solid foundations, meaning it is a caravan rather than a building.

“I have been unable to prove this but the inspector who came in 2019 was wearing high heels and didn’t even look underneath the caravan which is a vital step,” Ms Hazelgrove told The Argus.

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Ms Hazelgrove was fined £1,000 for the breach and a victim surcharge of £100 was also applied by the court with full costs of £7,169.50 awarded to the council.

The home in Friths Farm, Chiddingly (Image: Linda Hazelgrove)

The costs have been “horrendous”, said Ms Hazelgrove who has been unable to work while she cares for her father who has dementia.

“I never intended to breach planning laws and have offered to move it so it complies or do anything to help the council,” said Ms Hazelgrove.

She alleges that other buildings resembling her “caravan” have been permitted by the council, which she says is “incredibly unfair”.

"There is one rule for some and another rule for others. I have been persecuted for all these years," said Ms Hazelgrove.

“I have had this awful court case now I’m being made out as a criminal. People are looking at me like I have done something wrong.”

After Ms Hazelgrove’s conviction, Councillor Ian Tysh, Wealden District Council’s portfolio holder for planning and environment, said: “This court case shows we will escalate matters where there has been a serious contravention of planning laws.”

The building and decking is due to be removed later this year.

Wealden District Council declined to comment further.