caravan in residential curtilage - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - Yesterday
caravan in residential curtilage
I know that the siting of a mobile home in residential curtilage can be pd if its use is incidental to main dwelling, but what if the mobile home is occupied as the main dwelling , and the main dwelling is empty due to it falling into a state of disrepair. The owner has tried to claim that she is undertaking building repair works but in 18 months there is no evidence of any works taking place. She refuses to discuss the matter with anyone face to face so negotiation is difficult. The neighbours house is beautiful and understandably they want me to get it moved. Can you say there has been a change of use?
Hi Charlotte. As you say a caravan within the curtilage of a dwellinghouse is not development provided that its use is incidental to the enjoyment of the dwellinghouse within the curtilage of which it is sited. This is on the basis that no material change of use has taken place. If however the dwellinghouse use ceases then there would be a material change of use of land to a caravan site. I think it might be hard at this stage to argue that the use of the dwelling has ceased to such an extent that it would be considered to have been abandoned ... so there probably is no breach to enforce. Given the obvious visual amenity issues why not consider serving a Discontinuance Notive under S102 which states that If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land they may require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance of it, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works. I would have though under this provison, even though there is no breach, you could impose a time limit on the continued use of the caravan? Mike
Could you argue as the original dwelling use is still extant that the new caravan is not ancillary to the dwelling house as it is being occupied as a separate self contained dwelling and require planning permission for the caravan on this basis?