Permitted Development Rules - Public forum - Planning Advisory Service (PAS)
Permitted Development Rules
Anne Phillips, modified 7 Years ago.
Permitted Development Rules
New Member Posts: 2 Join Date: 30/03/17 Recent PostsHi Michael,
Does a barn in the process of conversion have permitted development rights or does it only gain this once it’s occupied?
For eleven years the caravan next to the barn has been & still is occupied by the owners, planning permission was granted twice, but refused on the third application last year. The extract below is from an email sent to us by Powys Planning:
'I would like to confirm that the caravan would now be considered to be permitted development under the Town and Country Planning (General Permitted Development Order) 1995, Part 4 when used temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.’
Surley it should be:
‘ANCILLARY (needs planning permission) = generally anything you (as a person) could do normally in a standard house as built; e.g. eat, sleep, sit comfortably, pray, study, watch tv, shower.’
Regards
Anne
Hello Anne
I'll answer the caravan question if I can! Generally the siting of a caravan within a planning unit, if the caravan is used either for incidental OR ancillary purposes, does not trigger a material change of use of land, and so planning permisison is not required, becuse no "development" will take place. Where there is a material change of use, in set circumstances (paragraphs 2-10 of Scedule 1 to the 1960 Caravan Sites Act), planning permission is granted becuse of the provisions of Part 5 of the General Permitted Development Order. Paragraph 9 of Schedule 1 states that a site licence shall not be required for the use as a caravan site of land which forms part of, or adjoins, land on which building or engineering operations are being carried out (being operations for the carrying out of which permission under Part III of the Act of 1947 has, if required, been granted), if that use is for the accommodation of a person or persons employed in connection with the said operations. If a site licence is not required, a caravan is permitted development. Part 4, which is what the Council have referred to, relates top the provision on land of buildings, moveable structures, works, plant or machinery required
temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land. A caravan is NOT a building, and so I do not think the referenece to Part 4 is correct. Regards. Mike Hyde (MH Planning Associates).
Anne Phillips, modified 7 Years ago.
RE: Permitted Development Rules
New Member Posts: 2 Join Date: 30/03/17 Recent PostsHi Mike,
Thanks for your reply. Lots of technical details, as the situation is not simple. However, the caravan has been onsite for 11 years. the first 6 were without the benefit of any planning permission. The following 4 were on 2 x '2 year temporary permissions. The latest 'temporary permission' application was refused (November 2016). The people are notorious complainers and have overloaded the Planning department with complaints etc. We believe the Planning department are avoiding dealing with enforcement, as they know it will be at the very least a difficult process. The caravan was granted the temporary permissions previously to allow the occupants to carry out conversion work on an old barn (agricultural) into 2 x dwelling houses. The barn conversion does have Planning Permission. Clearly 11 years is a long time to be nowhere near completion. As the dwelling house is not complete, we believe that there is therefore no 'domestic curtilage'. Without a domestic curtilage, surely Permitted Development rules don't apply? Therefore the caravan should not be allowed to remain. Added to this is the fact that the whole site is a real eyesore, and the occupants of the caravan appear to have little or no intention of completing the work any time soon. We are trying to have the Planning department adhere to their own rules, rather than hide behind 'grey areas' of Planning Law.
Kind regards
Anne