Planning Permission Guide for Mobile Homes is Gardens


 

Mobile Homes and Static Caravans in Gardens. Do I need planning Permission?

It’s surprisingly true that laws relating to touring caravans, the type you tow behind a car, also apply to mobile home and static caravans: a type that can be significantly larger and suitable for year-round residential accommodation.

Caravans, including mobile homes up to 65x22ft, can be sited in the direct garden of a house without planning permission if they are used by members of the household as additional living space not as independent accommodation.

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

 

 


 

 


EXAMPLE Letter to council seeking confirmation on informal basis

[Date]

[Council address]

Dear Sir

[FULL ADDRESS OF THE PROPERTY]

I am proposing to station a mobile home in the garden of my property above. A location plan is attached with the property edged red.

I understand I do not need planning permission to station a mobile home and would be grateful to receive your confirmation.

The mobile home would be stationed within the curtilage of my house.

The mobile home would be a [type of caravan proposed] which would come within the definition of a caravan in terms of its design, mobility, size and construction.

The mobile home would be placed on the land and would not be fixed to the ground.

The mobile home would be used for [an annexe by a family member(s) / additional bedrooms / guest accommodation / staff accommodation / hobbies] as an integral part of the overall use of the house as a single dwelling. It would share services, facilities and access with the house.

I believe the proposed use would not be a material change of use and would be incidental to the enjoyment of the dwelling house.

If you have any questions, please contact me. Otherwise, I look forward to receiving your confirmation.

Yours faithfully

[signature]

[your name]