Lawful Development Certificate application when don't know caravan model - Public forum - Planning Advisory Service (PAS)

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

Hi Ted - 

Many thanks for that - that's exactly how I thought it should be.

I have found this example of a successful LDC application for an unspecified unit on Northumberland's planning search:

https://publicaccess.northumberland.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=RNCJAIQS0MK00

It's not our LPA (but we're closeby, in Durham) but I've forwarded this to the LPA officer in question and will see if I can find any more examples as well.

I'll definitely keep you posted with progress. Let's see what next week brings.

Answer back from the LPA:
"I have now had the opportunity to seek advice regarding your query and note that to issue a Certificate of Lawfulness, the Local Planning Authority must be satisfied that the appropriate legal tests have been met. This should include providing sufficient factual information/evidence for the Local Planning Authority to decide the application. Government guidance also clarifies that “an application needs to describe precisely what is being applied for and the land to which the application relates. Without sufficient or precise information, a Local Planning Authority may be justified in refusing a certificate.”

With regard to the above, when assessing a proposal for the siting of a caravan, the main considerations relate to:

1. Whether the proposal is considered a caravan.

2. Whether the proposal would be considered a building.

3.  Whether the proposal would constitute a material change of use.

Without details of the proposal, the Local Planning Authority is unable to make an assessment against the key tests – including size, construction and mobility. As such, unfortunately, without sufficient information to demonstrate that the proposal would meet the definition of a caravan, it is unlikely that a certificate could be issued."

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.