Planning advice please.

[Leigh0403]

Hi everyone,

So I have a plot of land with planning for two detached houses. My circumstance has now changed and I am only building one. I want to put a nice mobile home to live in on that second plot whilst we are building the house. Once we have moved into the house I would like to retain the mobile home under the caravan act to use for ancillary accommodation. My architect seems to think this is a planning breach. Can anyone advise please?

[ProDave]

Re submit planning for one house and the mobile home shown on the plans as temporary accommodation for the build and to be retained.

 

If it is all one plot as far as planning is concerned then keeping a caravan in your garden is permitted development.  The fact it has planning at the moment as 2 dwellings is what is scuppering the plan as the other plot is not part of your garden so you can't have a caravan there as permitted development.

[kandgmitchell]

Well you'll be ok whilst the first plot is being developed because you could use Part 4 of the Schedule to the Permitted Development Regulations viz:

 

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.

 

However, once work is completed and it is clear you are not proceeding with the second plot it becomes more difficult. The caravan will not be within the first plot's curtilage so you can't use the normal PD for a domestic caravan. You could always reapply for planning to delete the second plot and extend the curtilage to include what was the second plot. Personally I'd hate to lose the potential for another dwelling so perhaps a revised application to formally station a caravan on the second plot so that any future application to erect a house would have a head start as the plot was being used as separate residential accommodation. Planners and locals may not like a permanent caravan though.

 

[ChrisInKent]

Worth a check whether planning was approved for two houses as a result of lack of local housing provision? If yes you might not be successful resubmitting for one house only. 

[Leigh0403]

Thank you everyone, I do not want to lose the second plot. It's a lot of money to lose. Yes from what I am reading I will be fine all the time I am building but once finished it would need to go as it is not in the curtilage of plot 1. I have asked the council it is a lot of money to throw away if we couldn't keep it. AM i right in thinking (I have had planning for 3 years now) that I can do plot 2 as and when I want? I know they are talking about bringing something in about land banking. But would that be for new applications?

[kandgmitchell]

You have started something on site to keep that approval if it is 3 years old? If the works in the approved application are started then there is no time limit on completing them. I'd be surprised if land banking regulations would apply to only two houses, well one if you had built the other one, but then nothing would surprise me in the planning field these days!