Planning Permission Gardens

Example Informal Letter to the Council

A mobile home will not require planning permission based on the follow criteria:

 

Location

The caravan must be in the ‘curtilage’ of a dwelling house. This is the drive or garden, not adjoining paddock land, for example. In James v Secretary of State for the Environment 1990 it was held that there are three criteria for determining whether land is within the curtilage of a building, namely:

1. physical layout

2. ownership, past and present

3. use or function, past and present

 

Definition of a ‘Caravan’

The actual structure must conform to the legal definition of a ‘caravan’ described in the Caravans Sites and Control of Development Acts 1960 and Associated Articles. Appeal Decision by the Secretary of State (Erewash Borough Council 2002) determined that there are 3 tests to be applied to the park home:

1. construction test

2. mobility test

3. size test

 

 

Use

The use must be incidental to the use of the house, meaning used in conjunction with. There are 4 accepted ‘incidental’ tests, reported to the House of Commons (Hansard, for 22 November 2005) as arising from relevant case law. These are:

1. the relationship between the respective occupants

2. the relative size of the house, its garden and the caravan

 

3. the relative scale of accommodation in the caravan and the house

4. the degree to which the caravan is functionally connected to and subordinate to the use of the dwelling house

 

 

 

Does the Planning Authority Need Contacting?

The answer is No. If the proposed mobile home falls within the criteria of use, conformity and location, then the situation is outside of planning control and approval from the Authorities is not needed. We do, however, advise that in all cases a Lawful development Certificate is obtained for peace of mind.

 

Contacting the Planning Authority

Your local planning authority (LPA) is there to help. Since there can be uncertainty over the lawfulness of stationing and using a caravan or mobile home, initially, you may want to write a letter detailing the location and use of the proposed caravan. If lawful you may want to apply for a lawful development certificate (LDC).

 

Lawful Development Certificates

A lawful development certificate (LDC) is a statutory document confirming that the use, operation or activity named in it is lawful for planning control purposes. Once granted, the certificate will remain valid for the use or development described in it, on the land it describes as long as the use doesn’t change. You must apply to the local planning authority (LPA) for such a certificate. In cases where a new caravan is to be sited in a garden the LDC for a ‘Proposed’ use is required. This is where you wish to confirm that what you are proposing would be lawful i.e. it would not require express planning permission. For example you may need to establish that what you have proposed does not constitute development.