Living in a Static Caravan on site

[Stones]

On a fairly regular basis, we get questions regarding whether it is permitted to live on site in a static caravan.

 

Schedule 1 of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 / Schedule 2 of The Town and Country Planning (General Permitted Development) Order 1995 both refer to paragraphs 2 - 10 of the First Schedule of the Caravan Sites and Control of Development Act 1960, which details the permitted use of land as a caravan site where a caravan site licence is not required (to obtain a caravan site licence, you require planning permission).

 

http://www.legislation.gov.uk/ukpga/Eliz2/8-9/62

 

Paragraph 9 states

 

Building and engineering sites

 

Subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use as a caravan site of land which forms part of, or adjoins, land on which building or engineering operations are being carried out (being operations for the carrying out of which permission under Part III of the Act of 1947 has, if required, been granted) if that use is for the accommodation of a person or persons employed in connection with the said operations.

 

Many people believe that this paragraph means they can live on site with their families.  For those individuals who are employed in connection with the relevant building operations that may be true, but the paragraph does not cover family members not employed in that process, children being a good example.

 

Whilst it may be the case that individual Planning Authorities are more relaxed about their interpretation of this paragraph, and individual circumstances will differ, the only way to be sure that you can permanently reside on site is to obtain planning permission.  The most straightforward way of doing so is to include provision of the static caravan in your main planning application.

 

 

 

 

[ToughButterCup]

1 hour ago, Stones said:

On a fairly regular basis, we get questions regarding whether it is permitted to live on site in a static caravan.

[...]

Many people believe that this paragraph means they can live on site with their families.  For those individuals who are employed in connection with the relevant building operations that may be true, but the paragraph does not cover family members not employed in that process, children being a good example.

[...]

 

Our LPA (that is the Enforcement Officer) says

'... there is no legally defined difference at all between residence [in a caravan] and use of a caravan as a site hut...'

 

That caravan is in use by my neighbours: they  have now taken four full years to make no progress at all. Even his Appeal was dismissed. His lack of progress on the existing permission (to build a stable) is even documented on Google Earth (using the Go Back In Time icon).

Compare and contrast that approach to the same department standing on ceremony in terms of a Certificate of Lawfulness for our piggery reconstruction: the eaves were 25mm too high over 2 meters of part of the building.

 

Can't take a joke? Shouldn'a started should I?

 

 

[flanagaj]

When I raised this question with the planning consultant, he said it did not need to be added to the PP as it was covered by Class A of permitted development.  
 

Class A – temporary buildings and structures

Permitted development

A. The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permitted

A.1 Development is not permitted by Class A if—

(a) the operations referred to are mining operations, or

(b) planning permission is required for those operations but is not granted or deemed to be granted.

Conditions

A.2 Development is permitted by Class A subject to the conditions that, when the operations have been carried out—

(a) any building, structure, works, plant or machinery permitted by Class A is removed, and

(b) any adjoining land on which development permitted by Class A has been carried out is, as soon as reasonably practicable, reinstated to its condition before that development was carried out.