The Supreme Court will decide whether a planning permit is required for setting up a mobile home

He Supreme Court received the appeal of the owner a camping from tarragon against the refusal of the City Council to allow the installation mobile homes on their land, which will lead the high court to resolve, establishing the doctrine, if the so-called mobile homes A building permit is required for their installation.

The camp’s owners appealed to the Supreme Court to overturn the decision of the Supreme Court of Catalonia (TSC) which upheld the Tarragona City Council’s decision not to allow the installation of mobile homes, arguing that they needed a planning permission. The Catalan High Court argued that the fact that mobile homes having wheels does not change the fact that there is a land occupation involving a use of land subject to planning permission.

The camp, for its part, states that this type of mobile home is included in the trailer category, since it is a habitable vehicle for recreation (similar to a camping trailer), so they would not need a prior permit from the municipality.

The Litigation-Administrative Council accepted the appeal, considering that it has an appeal interest because the adopted solution can affect a large number of situationsGiven the increasing use mobile homes and the absence of court practice in this regard.

“news”

The High Court understands that it must declare itself on the disputed issue, “given its representation in the urban land ownership regime and the control of its use by the competent administration, to which is added the novelty represented by the appearance mobile homes or mobile homes.

The Third Chamber states that, in accordance with the rules on distribution, its Fifth Division will be responsible for determining, first of all, the nature of the so-called ‘mobile homes’ in terms of the enforceability of a planning permission for land use.

Second, judges will decide whether the permit covers camping and setting up mobile homes.