Planning permission for static caravan in garden

[Guest28]

Hi, we're thinking of putting a static caravan in our garden for part-time use as kind of extra bedrooms, does anyone know if this would require planning permission?

 

It wouldn't be used as a totally separate dwelling, it would still have involvement with the main house.

 

I'm in the Scottish Highlands and the nearest neighboring house is over 200 meters away. I've tried reading the Highland Council website but can't find anything that helpful, I think you need to pay them £55 just to ask them if you need to pay the £400 for a full planning application.

 

We are on around 20 acres of agricultural land, how far away from our house would stop being considered in the garden? I think it is a grey-area about where a garden actually ends.

 

I already read the below link which was a little helpful:

 

http://minihomes.co.uk/planning-for-mobile-homes-in-gardens/

 

This thread on another forum was helpful:

 

https://www.khub.net/web/planningadvisoryservicepas/forum/-/message_boards/message/227183334

Edited November 22, 2020 by MBT6

[joe90]

In England you don’t need pp as you say

8 hours ago, MBT6 said:

It wouldn't be used as a totally separate dwelling, it would still have involvement with the main house.

this is the criteria down here but Scotland may be different. Councils will always tell you that pp is required!!!!

[Russell griffiths]

Are you friendly with your neighbours?

if so crack on, and wait for the flack, it may never come. 

[ProDave]

If it's use is incidental to the main house it is permitted development.

 

Are you a croft?  If so I believe that bestows some rights to caravans as well.

[Guest28]

4 hours ago, ProDave said:

If it's use is incidental to the main house it is permitted development.

 

Are you a croft?  If so I believe that bestows some rights to caravans as well.

 

Not a croft, but there is agricultural land around my house, it's owned land not registered with the crofters commission.

 

There is an interesting thread on this other forum:

 

https://www.khub.net/web/planningadvisoryservicepas/forum/-/message_boards/message/34177194

 

It seems like a lot of planning officers that object to a static caravan forget that it is classed as a caravan and think that rules for other developments apply.

 

There are also some planning rules around developments in front of the front elevation of your house, but I don' think these apply to caravans.

 

A lot of people say it needs to be within garden curtilage, does anyone know where you can find out what land around your house is officially classed as curtilage?

 

 

[joe90]

12 minutes ago, MBT6 said:

It seems like a lot of planning officers that object to a static caravan forget that it is classed as a caravan and think that rules for other developments apply.

thats what  @ProDave and I said.

 

12 minutes ago, MBT6 said:

There are also some planning rules around developments in front of the front elevation of your house, but I don' think these apply to caravans.

No they don’t (England anyway)

 

13 minutes ago, MBT6 said:

A lot of people say it needs to be within garden curtilage, does anyone know where you can find out what land around your house is officially classed as curtilage?

This can also be a problematic area, planners told me half my garden plot was not within the curtilage of the house (we have a field next to us as well). When I asked them fir their evidence they said “google earth” well I laughed out loud. I then Told them I could get family members to write a statement that the area In Question has always been garden in the last 30+ years. They capitulated ?. So don’t be afraid to take them on.

[ProDave]

I believe permitted development rules for sheds, caravans etc only apply to the garden ground associated with your house.  A whole different set of rules apply to what you can do on agricultural land and I am not up to speed on those.

 

[Guest28]

2 hours ago, ProDave said:

I believe permitted development rules for sheds, caravans etc only apply to the garden ground associated with your house.  A whole different set of rules apply to what you can do on agricultural land and I am not up to speed on those.

 

 

I could be wrong but from what I can understand having a caravan (static or touring etc.) in your garden is not really a 'permitted development' because it is not really a development as such.

 

This is the only specific guidance I could find regarding mobile homes from the Highland Council:

 

https://www.highland.gov.uk/downloads/file/1346/bst_018_caravans_and_mobile_homes

 

Quote

Wastewater disposal systems serving such buildings are not exempted.

 

It says that wastewater systems aren't excluding from building regulations, but it doesn't say that they need planning permission.

 

The more I read that khub forum it seems to be a mass of confusion among planning departments about static caravans in the garden,  someone was even told they couldn't have a caravan 2 meters from a boundary fence, but someone else says that is not true and you can as long as it is in your garden and used for ancillary purposes there will be no material change of use.

 

Michael Hyde seems to have a good idea about things:

 

Quote

Brian. One of my favourite subjects! I have successfully argued many times, and have the Lawful Development Certificates to prove it, that a caravan that meets the definition in the 1960 Act (as amended by the 1968 Act), sited within a garden, and used for ancillary purposes (including the provision of additional residential accommodation) does not amount to development requiring planning permission. On appeal, costs have been awarded against Councils who have tried to argue otherwise! Mike

 

https://khub.net/web/planningadvisoryservicepas/forum/-/message_boards/message/9505175

Edited November 23, 2020 by MBT6

[ProDave]

My static is 1M from my boundary.

 

The Guidance note from Highland council is just clarifying building regs, confirming that you can build a portable building that complies with the definition of a "caravan" (which it makes clear does not even mean it has to be on wheels) and it can be exempt from building regulations.  This is quite separate to the question of do you need planning permission for it.

[Cpd]

9 hours ago, Russell griffiths said:

Are you friendly with your neighbours?

if so crack on, and wait for the flack, it may never come. 

have to agree..... life is just to short to get bogged down in “ if but maybe “  Not that I would do anything as naughty as not ticking all the right boxes..... grabs his coat and leaves quickly. 

[Guest28]

5 hours ago, Cpd said:

have to agree..... life is just to short to get bogged down in “ if but maybe “  Not that I would do anything as naughty as not ticking all the right boxes..... grabs his coat and leaves quickly. 

 

Our neighbors won't be able to see the caravan from their house or garden where we are thinking of putting it, there are many trees and bushes in the way, even if the trees weren't there they wouldn't be able to see it as there is also a hill in the way. They will be able to see it a little bit when they're actually driving to their property, but not when they're at it.

[joe90]

6 hours ago, MBT6 said:

Brian. One of my favourite subjects! I have successfully argued many times, and have the Lawful Development Certificates to prove it, that a caravan that meets the definition in the 1960 Act (as amended by the 1968 Act), sited within a garden, and used for ancillary purposes (including the provision of additional residential accommodation) does not amount to development requiring planning permission. On appeal, costs have been awarded against Councils who have tried to argue otherwise! Mike

don't worry about it. Planning is not needed. End of.

[SuperJohnG]

Revisiting this.....currently in a whirlwind decision we are going to sell our current house which wasn't planned until we finished the build but with house prices so high it's the right time to do. So we have bought/in process of buying a static which we will position in our driveway (4 acre plot) no neighbours within 400m and even at that they are friends. We will connect it to the water (borehole) and sewage on site which is ours. 

 

Planning on being in it maybe 6 months

 

If i am doing it legit - do I need to do anything planning wise? 

Do you need to pay council tax? (how else would you get your bins emptied) 

 

Located in Scotland, East Ayrshire council central belt.

 

[LA3222]

21 minutes ago, SuperJohnG said:

Revisiting this.....currently in a whirlwind decision we are going to sell our current house which wasn't planned until we finished the build but with house prices so high it's the right time to do. So we have bought/in process of buying a static which we will position in our driveway (4 acre plot) no neighbours within 400m and even at that they are friends. We will connect it to the water (borehole) and sewage on site which is ours. 

 

Planning on being in it maybe 6 months

 

If i am doing it legit - do I need to do anything planning wise? 

Do you need to pay council tax? (how else would you get your bins emptied) 

 

Located in Scotland, East Ayrshire council central belt.

 

Should have planning for it and pay council tax - band A in England, not sure what the scales etc are in Scotland.

 

If you don't have planning I'd just crack on if you only intend on 6mths. If council kick off, by time they do anything you will be in anyway🤷‍♂️

Edited May 16, 2022 by LA3222

[ProDave]

Yes band A council tax.  Have you chosen your house name yet?  we had and the static was registered on the valuation list as the house address prefixed by "caravan" so when the house was complete, that entry could be removed and the house address could be added.

 

Strictly you should have PP but Scottish law allows you to install temporary accommodation for workers, and in any event if the planners get snotty, your first redress is to submit a retrospective planning application for the static caravan, and the timescales you are talking of, you will be moved into the house before that is settled, so I would just do it.

[saveasteading]

BUT do not start the building works, even if certain of approval.

In England there is nothing to stop you building without permission, except that you may be made to take it down again.

And building reg's can be retrospective, albeit it could be awkward and require opening up.

 

In Scotland there is a very big fine for starting works without a warrant (3 x the fee plus being made to stop), there is no such thing as a Building Notice, and conditional approval (details to follow) seems unusual.

We had 50 queries (25 first time round , then change of inspector and another 25) and all had to be answered in full and put on the drawings.

[SuperJohnG]

1 hour ago, ProDave said:

Have you chosen your house name yet?

Yes. And it's registered and sent out with the exception going live on Royal mail so we don't get hundreds of Junk mail. 

 

I'll maybe check with local planning and see what they say. I was planning just using that address but can see I'll need a council tax band to get bins. 

 

1 hour ago, saveasteading said:

BUT do not start the building works, even if certain of approval

Building for the actual house is well underway and half  way through and is all legit with pp and BW. 

 

This is for me to just add a caravan to site now as we are going to love into that to finish the build. 

[saveasteading]

Ok good. I don't think you need permission, and the authorities would rather you didn't ask.