Mobile Home and Planning Unit - south Wales. - Public forum - Planning Advisory Service (PAS)
Grŵp agored
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - May
Mobile Home and Planning Unit - south Wales.
My client obtained a certificate of lawfulness for a residential mobile caravan in 2008. The First Schedule on the certificate states 'Siting of Mobile Home in the position of of the size shown on Plan 01'. It measures about 9 x 3m On the same client's land, stands stables and he wanted to convert these to residential use and give up the CLD for the mobile home. Council refused and we appealed. Part of our justification was that the caravan was not fit for purpose for bringing up children and energy effeciency. The Inspector asked both parties what was the defined planning unit for residential use on the site given the CLD. This had not been agreed at the time of the original CLD. He seemed suprise that the CLD had been granted without this being defined. He went onto say that as the siting of a mobile home was a change of use of land it could be the case that the client could put a far more commodius and modern mobile home on site. My question is what is the site? For example could a mobile home matching the characteristics [laid down in case law such that something 20 x 6.7 m etc etc could be erected ] be placed on the position of the existing caravan? Although it would bigger and therefore not match the Plan 01 attached to the original Certificate, would it be lawful? Or because there is obviously a wider , but yet undefined, residential curtilage around the mobile home that forms the planing unit, could a larger mobile home be placed on this 'wider planning unit' in a different position? Or would firstly this wider planning unit need to be determined by a further Certificate Of Lawfulness. At the moment the Council consider that the Certificate of Lawfulness wil only allow a like for like replacement limited to the dimensions shown in Plan 01. They consider that a planning application would be required to locate a larger mobile home on the site of the existing mobile home. Any views gratefully received.
Robert. Where was the red line on Plan 01? This will define the planning unit in respect of which the use is lawful. If this was inadvertently limited to the caravan then to site anything bigger and outwith the red line would not be covered by the Certificate. I dealt with exactly the same situation when I was a Planner on the LPA side. The Certificate we issued encompassed the lawful caravan and its curtilage. On that basis a bigger caravan, provided it met the statutory definition, could be sited without the need for a planning application. A further Certificate application to define the correct planning unit might well be the best way forward? Mike
Robert The Inspector is right. What is the planning unit? The Certificate would seem to be of little value. The certificate cannot relate to a mobile home as distinct from the use of the land as a site for a residential caravan/mobile home. The actual definition for a twin-unit caravan is for the dimensions not to exceed 20m x 6.8m x 3.05m high. Nothing to stop you swapping out the caravan on its present location as long as it meets this definition. That is your fall back position. The LPA cannot require a planning application to swap the caravan especially given their lack of an argument based on the Inspector's findings. First port of call is dialogue with LPA to sensibly determine the planning unit.