Planning Advisory Service (PAS)

RE: Lawful Development Certificate application when don't know caravan model

2026-04-01T14:39:42Z

Dear [Officer Name], I submitted a request for information on the planing portal Khub RE: Lawful Development Certificate application when don't know caravan model and received the following clarification This is suprisingly a relatively common situation and arises because Local Planning Authorities tend to follow standard procedures designed for conventional domestic applications. Once a Lawful Development Certificate (LDC) is granted, it relates to the use and description of the development, not to a specific manufacturer or model. In this case, provided the unit meets the statutory definition of a caravan under the relevant legislation, it can be replaced at any time with another unit that also complies. For that reason, insisting on a specific make or model is not helpful and not necessary for the certificate. It retricts the certificate in a way which the planing authroties are not allowed to demand unless you application is invalid for some other reason You are therefore correct that it is not practical to identify an exact model in advance, particularly as you would not reasonably commit to purchasing one before establishing that the development is lawful. In practice, you may need to guide the LPA slightly. The appropriate approach is to provide a clear description of the proposed development and confirm that it will comply with the relevant legislation, namely the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968. You can state that: The unit will meet the statutory definition of a caravan It will fall within the prescribed dimensional limits It will be capable of being moved It will remain ancillary to the main dwelling. That should be sufficient to define the proposal for the purposes of an LDC. A word of caution - do not proceed too quickly once a certificate is granted. Some smaller suppliers may claim compliance when their units do not fully meet the statutory requirements. Conversely, larger and more established manufacturers will generally ensure compliance, but often at significantly higher cost. A practical approach can be to purchase a second-hand unit from a reputable site, as operators of established parks are unlikely to handle units that fall outside the legal definition. However, you should still verify compliance carefully yourself against the legislation before committing to a purchase. Do not purchase a unit without wheels as the legislation is obtuse on this point and its not been established in the high court and you don't want to be the one who is asked for this Best of luck with it, and I would be interested to hear how the LPA responds, as this situation comes up often and is useful to reference in future discussions. I need more examples of this so I can correct other planing authorities more easily All the best, Ted In the light of your comment I took the liberty of posing your comment on Khub and was advise to send you this letter Thank you for your response and for seeking further advice. We fully acknowledge that, in determining an application for a Certificate of Lawfulness, the Local Planning Authority must be satisfied that sufficient information has been provided to apply the relevant legal tests. However, we would respectfully clarify that the purpose of this application is to establish the lawfulness of a form of development, not to seek approval for a specific product or detailed design. The proposal is for the siting of a caravan that will comply with the statutory definition set out in the Caravan Sites and Control of Development Act 1960 (as amended), including compliance with the relevant size, construction and mobility requirements. In this context: The unit will fall within the statutory size limits applicable to caravans It will be capable of being moved as required by the legislation It will not be constructed or fixed in such a way as to constitute a building Its siting will not result in a material change of use of the land It is important to note that the legislation defines a category of structure, rather than requiring identification of a specific make or model. Accordingly, the application is framed by reference to compliance with that statutory definition. Requiring specification of a particular caravan model or detailed construction information would go beyond what is necessary to determine lawfulness and would effectively introduce a level of control more akin to a planning application rather than a Certificate of Lawfulness. We therefore consider that sufficient information has been provided to enable the Authority to assess the proposal against the relevant legal tests. If there are any specific aspects of the statutory definition that the Authority considers have not been adequately addressed, we would be happy to clarify those points directly. We trust this clarifies the position and look forward to your confirmation that the application can now be determined on this basis. Case Law As established in FSS v Arun District Council (2006), the Local Planning Authority must determine an application based on the facts and evidence presented and should not require unnecessary or excessive detail beyond what is needed to assess lawfulness. Similarly, in Impey v Secretary of State for the Environment (1982), it was confirmed that the assessment must be based on the development as described, rather than on speculation as to what might occur. The proposal has been clearly defined as the siting of a caravan that will comply with the statutory definition contained within the Caravan Sites and Control of Development Act 1960 (as amended). This provides a precise legal framework including size, construction and mobility criteria. In this context, the application defines a class of development recognised in law. It is not necessary, nor appropriate, to specify a particular manufacturer, model or detailed construction methodology in order to establish lawfulness. This approach is consistent with the principle confirmed in Gravesham Borough Council v Secretary of State for the Environment (1984), that the Authority must determine whether the proposal falls within a lawful category, rather than impose additional requirements akin to a planning application. Furthermore, as confirmed in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government (2011), a Certificate of Lawfulness is concerned solely with legal fact and lawfulness, not planning judgement or preference. Accordingly, we consider that sufficient information has been provided to allow the Authority to assess the proposal against the relevant statutory tests. If there are specific elements of the statutory definition of a caravan that the Authority considers have not been adequately addressed, we would be grateful if these could be identified so that they may be clarified directly. We trust that the application can now be determined positively on the basis of the information provided.

RE: Lawful Development Certificate application when don't know caravan model

2026-03-28T09:09:23Z

This is suprisingly a relatively common situation and arises because Local Planning Authorities tend to follow standard procedures designed for conventional domestic applications.

Once a Lawful Development Certificate (LDC) is granted, it relates to the use and description of the development, not to a specific manufacturer or model. In this case, provided the unit meets the statutory definition of a caravan under the relevant legislation, it can be replaced at any time with another unit that also complies. For that reason, insisting on a specific make or model is not helpful and not necessary for the certificate. It retricts the certificate in a way which the planing authroties are not allowed to demand unless you application is invalid for some other reason

You are therefore correct that it is not practical to identify an exact model in advance, particularly as you would not reasonably commit to purchasing one before establishing that the development is lawful.

In practice, you may need to guide the LPA slightly. The appropriate approach is to provide a clear description of the proposed development and confirm that it will comply with the relevant legislation, namely the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968.

You can state that:

The unit will meet the statutory definition of a caravan
It will fall within the prescribed dimensional limits
It will be capable of being moved
It will remain ancillary to the main dwelling

That should be sufficient to define the proposal for the purposes of an LDC.

A word of caution - do not proceed too quickly once a certificate is granted. Some smaller suppliers may claim compliance when their units do not fully meet the statutory requirements. Conversely, larger and more established manufacturers will generally ensure compliance, but often at significantly higher cost.

A practical approach can be to purchase a second-hand unit from a reputable site, as operators of established parks are unlikely to handle units that fall outside the legal definition. However, you should still verify compliance carefully yourself against the legislation before committing to a purchase.

Do not purchase a unit without wheels as the legislation is obtuse on this point and its not been established in the high court and you don't want to be the one who is asked for this

Best of luck with it, and I would be interested to hear how the LPA responds, as this situation comes up often and is useful to reference in future discussions. I need more examples of this so I can correct other planing authorities more easily

All the best,
Ted

RE: Log cabin in garden

2025-06-23T07:37:15Z

It does not mater how long the caravan has been in place it's still a caravan and can only be replaced by a caravan without planning permision

to be a caravan it can be up to 60 ft long and made in up to 2 parts which must bolt and be capable of unbolting together and other restrictions such as internal hight

so you can make it bigger but it must be movable

it may not need wheels but this attribute has not been tested in the high court and you don't want to be the one who pays for this

I would always recommend wheels

also if you replace it with something which is not a caravan you need to comply with the building regulations which is very expensive

you say you have been using it for Airbnb for years

i hope you understand that this is a major planning violation and requires seperate approval

Understand that originally it was not in your curtalage and you applied to have it included in the curtalage

this could have been a bad move as if it had been in place for 26 years it outside your curtalage it would have enjoyed automatic approval which would have given you a better precedent

if you had an easy run getting the council to accept it was in your curtalage when it clearly wasn't this is the reason

if it's not had Airbnb approval specifically in your certificate of lawfulness or new approval you need to stop advertising it immediately as you may loose it altogether

Also do not knock the van down until you have a replacement preferably on site as demolishing the caravan could remove it's right to exist

to be strictly correct you need to bring the repacent on site and then remove the old one within 28 days

Hope this helps

ted

RE: Caravan to cabin

2025-03-22T10:49:22Z

I assume you mean you have a caravan probably with wheels and capable of being towed around the site

I also gather that the council have already accepted via the certificate of layfulness that it is within your curtalage and so long as you use it as ancillary and don't rent it out it is legal

You can if you wish change it at any time for a newer caravan

the definition of a caravan is quite strict and can have no internal part with more than 10ft headroom

the Definition is available and readable in hansard

you replacement must comply with this definition

The Definition states it must be posdible to move is round your site and move is from site to site in a suitably adapted vehicle

there is a major disagreement as to whether this means a sledge type construction is acarptable or dos it need wheels

i would always recommend using wheels to avoid any argumemts

there is nothing to stop you having a lodge on wheels even in two harves

but it must not be an immovable lodge

is that clere enough

ted

RE: Can LPA take PP app for devt. that already has express PP and is lawful

2025-03-19T09:34:03Z

There are many situations where the developer can not be sure if its permitted development or not and does not want to take any risks In such circumstances he/she should apply for a lawful development certificate to remove any ambiguity. A full planning application is not necessary and overcomplicates the whole development and should not be used. Ted

RE: Caravan in aonb

2025-01-06T17:44:12Z

My humble apologies, It was much to strong a statement I have replaced the statement

If you are still concerned I will delete it all together

Thanks for pointing this out.

And thanks for the encoragent about the advise itself. Its a very complicated subject and the average family who wants to put a caravn in their home is ususly not the one who can through lots of consultancy money at the problem. So as I am retired I answer these question free of charge to the best of my abilaty

Thanks

Ted

RE: Caravan in aonb

2025-01-06T17:31:56Z

The reason you should not have disclosed your name when asking such a question on this site is because the majority of the site’s users are enforcement officers and planning department staff, The subject is extreemy complicated and for example if you had kept up your advertising on Airbnb you would have compromised your application. As its stands so long as you drop any idea of renting the caravan out, this will put you in a beter position for having a positive outcome.

In replying to you, I will be mindful that others are watching.

Some General Pointers:

Caravan Rentals:
Renting out your caravan within your curtilage on Airbnb is considered a planning violation. Unless you have been doing this continuously for over 8 to 10 years, you should stop immediately.
Advertising:
Ensure the caravan is not advertised online, as planning authorities actively search for such listings.
Replacing the Caravan:
Once you have removed the listing, I suggest writing to the planning authority to inform them of your intention to replace the caravan with another.
Compliance with the Caravan Act:
You cannot replace the caravan with anything that does not comply with the Caravan Act. Be cautious about claims from lodge sellers who may suggest that a product without wheels does not need planning permission.
Lodges and Misconceptions:
Many lodge builders mistakenly believe that if the lodge can be dragged around the site, it qualifies as a caravan. This misconception arises from the loose interpretation of recent legislation. However, this loose wording has not yet been tested in court, and planning authorities are keen to find a clear-cut case to challenge this—potentially at your expense.
Definition of a Caravan:
The legal definition of a caravan is readily available on government websites. Ensure that anything you replace your current caravan with meets this definition and has wheels.
Establishing the Existing Caravan’s Legality:
I suggest you ask whether it is acceptable before placing something new on the site. If you replace the caravan before establishing that the existing one is legal, it may be difficult to prove that it is simply a replacement. You may be asked to complete a lawful development application. While you can do this to be perfectly safe, it gives them an opportunity to say no, which could set you back considerably. Instead, ask in general terms whether your interpretation of the legislation is correct—that you can have a caravan in your curtilage for personal family use only.
Curtilage Interpretation:
The curtilage of your property is subject to wide interpretation. It does not necessarily mean all the land you own. For example, your curtilage could end at a line of trees on your land, even if the boundary extends beyond that point.

email me at trashcan@microface.com for further infomation

RE: Change of red line prior to determination

2024-04-20T08:31:19Z

Loss of car parking spaces is a constant blight for town centres

in wales Blaenau Ffestiniog for example overnight parking has dropped by nearly half over the last 20years

so much so that local b and b are now recommending that guests park in a unused market hall on the edge of the town some 800 yards from some properties

what will happen when the market hall finds a use is anyone's guess a listed building by the way

a recent planing application which was turned down calculated because the hall was within 100 m of a buss stop and 600 m from a railway station that 5 car parking places was addiquate

this is nonsense and detracts from the well-being of residence which is after all the aim of planning

any development such as the one discribed should include parking

Even if this means making a ground floor all parking and one per apartment please

More shops and cafes in Blaensu have closed recently and parking is accepted as a serious contributer

more annoying car parking in Blaenau has diminished due to grant money being spent on "art"

Some city centre flats in Manchester are now selling for £200,000 more if they have a parking space

planners should stop following silly rules based decisions and think about the consequences of their actions

RE: enforcement caravan

2024-02-08T13:45:11Z

They could try arguing that the caravan should go, To prevent them insiting on the fact the caravan was part and parcel of an enforcment notice in the past you need to point out to them that you can move it tomorrow and either bring it back or bring another one back the day after making there enforcement pointless. They are likely to agree with keepng the one you have, as if they continued with enforcent action and you replected the caravan they would have to explain there actions in waisting money to enforicne the unenforceable

The one thing planning offices dont like it been made to look as though they are waisting council money as there bosses are the planing commitee who have to acount for all expenditure

RE: enforcement caravan

2024-02-05T11:09:09Z

It's getting a bit more involved now.

You can only have one caravan in the curtilage of the property without planning permission.

I would recommend you do not rebuild the caravan unless you are very knowledgeable, as you will almost certainly break one of the rules that define it as a caravan, such as it must not have a ceiling higher than 10 ft and must be movable, etc., etc. They only have to find one mistake you have made to demand removal.

If you want to place a caravan in a paddock, this will not be considered in the curtilage of the property, even if it's on one set of deeds.

For this to be allowed, it must be over 12 acres or forestry.

Based on the details you have now disclosed, unless you have more than 12 acres, I would go back to basics and get yourself to one caravan in the curtilage. Make sure that the council agrees it's in the curtilage, and they cannot object.

Then, remove it completely and replace it with whatever you want, including a twin-unit mobile home if you want, which complies with the Caravan Act.

Don't believe anyone who tells you a home with skids on is a mobile home, as this has not been decided by the High Court yet, and I am surprised a council has not taken a case this far yet.

I alwayts buy second hand off site branded main streem caravens to ensier there is no case to argue

Certanly dont buy of Bidspotter

RE: Electrical Testing

2024-02-04T12:34:16Z

They are no different to any other commercial site

They need a certificate of test and conformity to current at time of testing version of the Electrical regulations signed by a competent and aproved person

A certificate is valid for 5 Years from the date of inspection called

electrical instlation Condition Report (EICR)

This does not mean it must be wired to the latest standard as many aspects of the installation only need to comply with the regulations at the date of installation which could be many yesr ago

This inspection involves electrical test of continuaty and inulation

This certificate should be fully filled in with the test details of all the fixed electrical installation although some installers only produce the first couple of sheets to landlords to preveint them benifiting from a test paid for by the Tenant

Portable electrical equipment should have a in date test certificate label applied indicating PAT tested in the case of a camp site avaiable to the public this must be less the 12 months old

RE: enforcement caravan

2024-01-28T08:11:17Z

There are basically 2 ways to allow the caravan to stay

1). The caravan is in the curtalage of the property this can be only used as ancilery to the house and not rented out to a seperate person

2) as an agricultural building for use for agricultural purposes but not lived in overnight or used for storage not associated with farming

you need to choose one of these and inform the council which should give them no grounds for objection

I am finding it increasingly common for councils object

which can happen with councils deskilling and not being familiar with the rules or just bluffing when they know their aproach will not stand you objection

RE: Permission??

2022-11-07T09:56:15Z

Some of the things you want to do fall under the permitted development allowances others require planning permission which you would be very unlikely to get if you applied. If you apply and after refusal try to just do the permitted stuff you will find they scrutinise your development in more detail such as making you apply for building regulation approval on the drains etc

Also placing the van in your front garden is a recipe for disaster as the neighbours will complain and the planning department will feel obliged to do their best to stop you

Advice if you can do this

Use a crain if necessary to put a vehicle complying with the above caravan act in the back garden

Do not assume that someone selling you a cabin or modified carriage is being truthful when they say you don't need permission. For example, many suppliers are saying you don't need wheels. You can interpret the rules this way but alternative interpretations are possible that would need to be resolved in the high court which you could not afford. I would never assume that anything which did not have wheels and the ability to steer i,e, not a railway carriage would be compliant

If you are renting out as many people do you must be able to afford to stop doing this as any use must be ancillary to the main house and not separate so you may be stopped at any moment.

Do not rely on the income as it could be stopped very quickly leaving you with fines from Airbnb

Renting it out is a change of use and certainly not allowable although many people do this for years and get away with it.

If you can do it consistently with lots of lettings for over 8 years It may become legal

Good luck

Ted

RE: Mobile Home too big

2020-08-03T08:13:10Z

it all depends on you long term goals and whether its being lived in. At any time in the future it could be considered as a studio with no accomodation rights. The low risk solution is to buy a mobile home and put it on the site to preserve the lawful development certificate. If you don't have a complinet mobile home on the site you could effectively lose the lawful development certificate unless the mobile home is in you cuertalge and you are happy not to rent it out.

RE: caravan in my back garden

2017-07-16T07:52:03Z

Ancillary is more like a points system you can add services to a caravan and it still be considered ancillary however if you are already pushing the limits by for example having a none family member live in it you take the whole thing over the limit as to what is ancillary. Don't forget also your work on the services will get more scrutiny than a simple shed and you should get buildings control approval for the sewerage work before you start. It would also be prudent to have electrical work certified.

Ted

RE: Caravan at a business

2017-07-11T21:52:09Z

This site is not a chat room as there are many busy people using it

Please keep to topic Ted

RE: Caravan at a business

2017-07-11T20:20:58Z

I have been chalaged in the past about caravans and boundaries and advise possession

so so I took it upon myself to study the subjects it's not rocket science that's may day job Ted

RE: Caravan at a business

2017-07-11T14:37:23Z

You can have 1 caravan in you curtalage of a dwelling just make sure it's only one and do not assume that the council will take the same view of the curtalage as you do

You do not need a certificate of lawfulness because it's already lawfull

RE: Caravan at a business

2017-07-11T10:43:58Z

The situation is not so straight forward if it’s in the curtilage of a domestic dwelling as you can only use it as ancillary to the property and not accommodation for your workers

If the caravans can be considered as in the curtilage of a dwelling the process is completely different.

Ted

RE: Caravan at a business

2017-07-10T17:39:33Z

wyoy

As I understand it you have had 2 caravans on the site for more than 10 years without any action being taken

If this is the case you do not need to prove they have been lived in only that they are caravans capable of being lived in

Most caravans are occupied sporadically

If the caravans are not in the curtalage of your house and are in fact in the curtalage of your bussness then you need to apply for a lawfull development certificate on the grounds the caravans have been in place for longer than 10 years

When you get the certificate you can replace both caravans with new ones if you wish but I would not advise doing this befor getting the certificate