Replacing an old caravan for a newer one - Public forum - Planning Advisory Service (PAS)

Trish, there is some missing information here around your use of the wrods 'bought a house with some land...', so my response is based on an either/or situation. A caravan is a use of land. If the caravan is sited within the curtilage of your dwelling ( i.e. the garden land situated around the house and associated with the everyday enjoyment of the house) then the use of land is residential and the caravan can also be used for residnential purposes incidental to that main use of the hosue. There is no requirement to apply to replace the caravan with a new one, as no development is taking place. It is of no concern of the Council.

However, if the caravan is situated on a piece of land owned in conjucntion with the house but is physically and functionally seperated and not curtilage then the situation is different. If through the pasage of time ( at least 10 years)  it can be established, now,  that it has been used for residntialy associated uses, play house etc in conjucntion with the house then, you may be able to claim a residential use for that land too, though that wil require more analysis of more information, than has been provided.

Hope that helps.......

You say the LPA have knowlledge of an application. If that also means that they have knowledge of a permission then they are obliged to keep a copy of that permission. Tell them that you are entitled to inspect the register of planning applications and that they must make that available to you or risk an Ombudsman finding. Then when you have the facts you are in a better position to proceed.Les

 I had exactly the same thing happen to me

I placed the caravan in my very large garden using the rule that I can have one caravan ancillary to the house in my garden without any permission.

After 4 years and 2 months the council decided that it was not in the curtilage of the garden but in an adjoining green belt field with no planning permission.

They told me that if it had been in in place  for more than 8 years as yours had or more than it was legal. 

In my case i had to prove i had done substantial work on the site in which case there is a 4-year rule. which i had complied with.

In either case you need to be careful not to move the caravan until you have a certificate of lawfulness for the caravan

You need to first, as  I Did, apply for a certificate of lawfulness which they are obliged to give you. In my case they advertised the planning application and people tried to object but this was pointless as the certificate is automatic unless someone can prove you have not had it for more than 4/8 years

Once you have the certificate of lawfulness for the caravan you can change it for a bigger or better one any time while you clear up the site.  But it must be a caravan.

However it can now be of completely separate use to the house so it no longer need to be ancillary so you can rent it out or even sell it.

One downside is that since you have effectively created another dwelling you will need to pay rates.

We got our rates bill on the same day we got the certificate of lawfulness.

Please make sure you get this certificate before  to alter the site in any way otherwise the site may only have been in the state it is from the date you make the change

The Definition of certificate of lawfulness

(a) Article 83A Certificate of Lawfulness of Existing Use or Development.

This is where you wish to confirm that any existing use, or operation, or activity in breach of a condition or limitation on a planning permission that has already taken place is lawful on the date specified in the application. It is defined as being lawful if enforcement action cannot be taken against it. This may be because it had, or did not need planning permission, or it may be the case that the use or operation took place so long ago that the time for enforcement action has expired;