COULD Dartmoor National Park Authority legally give a certificate of lawfulness to an area that was subject to flooding?

That was the query by Hugh Whitley at the Authority's planning committee, on Friday, when he said it was 'our job to protect human lives and property.'

'Should we give a certificate on ground we are told is subject to flooding. The whole place could be washed down,' he said.

The committee was discussing Mr J Elliot's application for a certificate of lawfulness for the change of use of land for the siting of two interconnecting caravans at Moss Cabin, Lowen Lodge, Buckland-in-the-Moor.

Planning officer, James Aven said there was no disputing the fact that there had been a caravan on the site for many years.

The Environment Agency had recommended that the caravans be removed or moved to higher ground due to the risk of deep flooding with the likely consequence of structural damage and possible loss of life.

Mr Aven said that in view of the Environment Agency's comments and the possibility had been mentioned of an application in the future for a more permanent dwelling, this point would be made should any such request go in.

'We would not be very keen on granting it in a flood plain,' he said.

Philip Sanders said from the picture on the screen, shown to members, it did not look like caravans and he asked what was a caravan.

Mr Aven assured members there were caravans under the timber cladding.

Mr Sanders replied: 'clearly that is not a caravan or are we saying that in future all mobile homes can be clad, porches erected and everything else.'

Chief planner, Graham Wall said he understood nobody liked it, but they had got away with it for more than 10 years and therefore they were immune from enforcement action.

'Legally we have no option but to grant a certificate of lawfulness,' he explained.

The committee agreed to issue the certificate despite a plea from Greta Madigan that the matter should be deferred for independent legal advice.