Static Caravan in Garden - Public forum - Planning Advisory Service (PAS)
Static Caravan in Garden
Hello All, I am afraid I have some questions regarding the 'Static Caravan' issues.
Purchased a property in 2013 that already had planning for 'two static caravan's' within its land, the planning was for two caravans but now there is only one, 35ft long x 12ft wide. The planning was dated and approved in 2002. A couple of weeks ago we had an enforcement slapped on it regarding the 'soakaway' - now this caravan is all connected correctly, however upon phoning the council they stated that the 2002 planning was only temporary and this now needed 're-newing', she asked what utilities the caravan had which as we all know they come with bathroom, kitchen etc etc, we told her that we would remove the caravan to save any hassle and she stated that to get round it 'to remove the cooker', she would site visit and all would be good.
Am I correct in saying that because the planning was so long ago with NO enforcements slapped on it, the council now has to let it stay. I am sure I read somewhere that after 4 years without any enforcements, it can stay put without planning etc.
I would be grateful for any advise as the dead line is the 28th August.
Michael Hyde:Andrea. Interesting! So, two caravans had planning permission in 2002. Was there a condition attached to that permission requiring the caravans to be removed, and the land reinstared, at the end of a set period of time (i.e. was it a temporary planning permission?). If not, that the caravans can stay, and be replaced, without the need for a further application. If there was a condition, you would have to have not complied with it for 10 years for the siting of the caravans to have no become lawful (not 4 years). For example, if the caravans had a 2 year temporary planning permission granted in 2002, they should have been removed in 2004. If they were still there in 2014, and no enforcement notice had been served to secure their removal, they would now be lawful and immune from enforcement action. I hope this helps. Mike Hyde
Thank you for your reponse, As far as I know which the council has confirmed that the temp planning was for 3 years, that takes it to 2005. Are we talking months or weeks now as 2015 is upon us....Just checked the Original planning was Feb 2002 - Decision date 11th July 2002 - Enforcement/Complaint date 14th July 2015. Only received council letter in August though.
But if it was an Enforcement Notice it must tell you 4 things; what you have done wrong, why it is harmful, what you have to do to put things right and when you have to do it by?MikeAndrea Mills:Hi Mike, The enforcement was 'Mobile home being used for residential purposes with drainage soakaways going into neighbouring field'. NOT for removal.
The letter received from council.
Alleged breaches of planning control. A complaint has been received in regard to the alleged independent residential use of a static caravan to the rear of the barn within the grounds of the dwelling. In addition there has been reference to the drainage soakaway from this caravan being into an adjacent field.
letter dated August 6th 2015.