Caravan Planning Permission?

oceanscape

Our neighbour has put 3 large caravans in the back garden. I think people are living in them, at least temporarily. They have been there for about 8-12 months now, on a permanent basis.

Just today he has gone and also put up a MASSIVE great water-storage tank. The presence of that, and the 3 caravans, really detracts from the amenity value of our garden as the fence we have does not hide them from view. We are currently selling our house and many buyers have been put off by this (along with the general disgusting state of the next door "garden").

Can anybody help me with the legal position on this? Can we complain to the council? As he has refused to move them. I tried looking online but some websites seem to suggest you are ALLOWED three caravans without PP?

Thanks!

sonastin

Speak to the council about it. It might be classed as a change of use if he is renting them out, which would need PP. Let the council investigate.

oceanscape

sonastin wrote: »

Speak to the council about it. It might be classed as a change of use if he is renting them out, which would need PP. Let the council investigate.

I think it's family using them, not sure he is renting them out.

I guess we'll have to contact the council. Just hope he doesn't get angry as I guess it will be pretty obvious we complained! :eek:

Fire_Fox

If people are living their permanently they should be paying council tax, speak to them as well as planning. I would not advise you engage in any discussion with the neighbour on this or you will have a dispute to declare to your buyers.

vet8

He cannot have people living in a caravan for more than a certain numbers of days in a year, I think it is 28. He needs to apply for change of use or get PP for a caravan site. You can get sites certified by the Caravan Club, but even they are only to be used on a temporary basis, so if someone is living there full time he is certainly breaking planning regulations.

Phone the planners. They will not tell your neighbour who called them.

dreadhabib

From what I've heard and read before - I believe it is 28 days per year (for 'habitable' use) - and I think 3 caravans is the max.

If they've been on site for approx a year - and lived in for that period, then that's obviously way over the permitted guidelines...

As people have said above - Council should be first point of call.

planning_officer

That's not quite true about 28 days. Yes, permitted development rights do exist for the stationing of a caravan - under Part 5 of Schedule 1 of the Town and Country Planning (General Permitted Development) Order 1995, however none of the permitted situations apply to this scenario. Part 5 does refer to 28 days, but that only applies for situations where a single caravan is on site for no more than 2 consecutive nights up to a maximum of 28 days in any one calendar year. So, as you say, that's been exceeded by some way!

There are also permitted development rights under Part 4 for the stationing of temporary structures in certain circumstances for a maximum of 28 days in one calendar year - but that doesn't apply to any land that is within the curtilage of a building. So, as this land is within the curtilage of a house, it also doesn't apply.

In general terms, planning permission is required for two things - operational development (i.e. building works) and a material change of use of land and/or buildings. The question here is has a material change of use of the land occurred (as the stationing of a caravan is not 'operational development'). If the owner of the house is using the caravans for purposes ancillary to the main dwelling, then no change of use has occurred, as the whole planning unit remains in a single residential use (such examples could be as a bedroom, games room etc). However, if the caravans are fully self contained units of accommodation, and are being used as such, then a material change of use has occurred, which requires planning permission, as they are no longer ancillary to the main dwelling.

So the issue is whether the people living in the caravans are actually living there, or if they're just, say, sleeping in the caravans and spending the rest of their time in the main house - kitchen, living room, WC, for example. In the latter case, they may not need permission, but I suspect, bearing in mind the time they have been on site, they probably are more self contained and therefore require permission. Plus, they're pretty unlikely to get permission if they're just in someone's garden! I'd definitely report them to the Council.

vet8

planning_officer wrote: »

So the issue is whether the people living in the caravans are actually living there, or if they're just, say, sleeping in the caravans and spending the rest of their time in the main house - kitchen, living room, WC, for example. In the latter case, they may not need permission, but I suspect, bearing in mind the time they have been on site, they probably are more self contained and therefore require permission. Plus, they're pretty unlikely to get permission if they're just in someone's garden! I'd definitely report them to the Council.

Very interesting post, but I am confused about this aspect.

Surely if you are sleeping in the caravan that counts as living there. Take for example, someone with an allotment. They could spend all day there, gardening, having lunch, sitting in the shed, but go home to sleep at night. In that case surely they are living in their house, but just spending the day at the allotment. Is it not where you sleep and eat dinner, shower etc. that matters.

lincroft1710

vet8 wrote: »

Very interesting post, but I am confused about this aspect.

Surely if you are sleeping in the caravan that counts as living there. Take for example, someone with an allotment. They could spend all day there, gardening, having lunch, sitting in the shed, but go home to sleep at night. In that case surely they are living in their house, but just spending the day at the allotment. Is it not where you sleep and eat dinner, shower etc. that matters.

No. In the circumstances quoted by Planning Officer, the use of the caravan is as a bedroom.

Debt_Free_Chick

simple, easy option ....... file a report with the local planning authority (usually your district or borough council). Let them investigate. If action is required, they'll take it.

planning_officer

vet8 wrote: »

Very interesting post, but I am confused about this aspect.

Surely if you are sleeping in the caravan that counts as living there. Take for example, someone with an allotment. They could spend all day there, gardening, having lunch, sitting in the shed, but go home to sleep at night. In that case surely they are living in their house, but just spending the day at the allotment. Is it not where you sleep and eat dinner, shower etc. that matters.

As Lincroft says, if you are just sleeping in a caravan then it's not a self contained unit of accommodation in planning terms - it is ancillary to the main house, as an extra bedroom. If the caravan contains all the functions for day-to-day living, such as a bedroom, kitchen, living area and bathroom, then it's no longer ancillary to the main dwelling and is a self contained unit of accommodation, which requires planning permission for a material change of use of the land.