Human rights appeal by elderly fighting to stay in mobile homes

Hard-pressed tax payers could also pick up the bill if residents of Lakeminster Park, near Woodmansey, Beverley, need to be rehoused by East Riding Council.

However, the authority told the opening of a public inquiry yesterday that the operators of the site were marketing the mobile homes under a smokescreen.

Barrister Nicola Allan, for the council, said: “The council has faced a monumental battle in monitoring the ownership and use of these units since 2009.

“Some of the documents are no more than a sham. Several units are let on ‘holiday’ leases but are occupied as permanent residential units.”

The inquiry is to consider appeals by developers and residents against the council’s refusal last year to grant retrospective planning consent for permanent homes at Lakeminster Park.

A planning condition imposed when the saga began in 2006 stated the mobile homes were only to be used as holiday accommodation.

But it soon became clear that the residents were using the properties as their main address.

More than 70 homes on the site are now occupied by over 100 mainly elderly people from Leeds, Bradford, Hull, Beverley, and other parts of Yorkshire, the inquiry heard.

They had paid £80,000 to £135,000 per property. Most sold their old homes to fund their purchase and some had had to take out additional loans ranging from £10,000 to £100,000, the inquiry was told.

Principal housing officer Bill Roantree said: “Residents have taken on additional finance in later years to go in search of a quieter lifestyle.”

He said they 23 households would probably be entitled to council rehousing – and there are more 12,000 people on the current waiting list.

But the inquiry was told that council officials fear there will be a “free for all” in flouting the rules on holiday accommodation if the appeals are allowed.

Miss Allan added: “There is a suggestion now that the residents living on the site they should be allowed to stay.

“It is a matter of public policy that the council should act in the interest of all the residents of the East Riding.

“The council maintain this is a flagrant breach of planning control.”

But David Manley QC, for the developers, argued making elderly and frail residents homeless would make no difference to the wider community.

“There are mobile homes all over the place which are being 
occupied in breach of holiday conditions,” he added. “This is not setting a precedent for anything.”

Ruth Stockley, a barrister for 12 of the residents, said: “It is a particular issue in this case that there’s a very strong community spirit and lifestyle among the Lakeminster Park residents.”

It was a matter of law the council had to take full account of the Human Rights Act in its decision making, she said.

“The council is merely paying lip service to the Act and its articles. But these matters now have to be taken account of in the appeals process,” she added.

“The dismissal of these appeals will result in each and every resident on the site losing their home.”

Last month, Humberside Police arrested five people, four in connection with allegations of fraud and one in connection with money laundering.

All the allegations are connected to the sale of retirement homes at Lakeminster Park.

But the public inquiry, which is expected to last three weeks at County Hall in Beverley, was told yesterday the alleged fraud is a criminal and civil matter – not a planning issue – and would not figure in the appeals process.

The council is legally obliged to host the inquiry, which is open to the public.

The inspector will produce a decision notice giving his ruling, which may be delivered weeks after the inquiry.