storage containers - Public forum - Planning Advisory Service (PAS)

Charlotte, My understanding is that a storage container could be regarded as operational development only if it is sited in a permanent manner (eg. fixed to the ground, or on a purpose-built concrete base, etc). A solitary, moveable container used in connection with the approved use could be argued to be a chattel on the land, therefore not requiring pp. Otherwise, the siting of shipping containers could be argued to be a change of use in itself. We recently issued an EN which alleged a change of use of a residential property to a mixed use for residential and for the storage of shipping containers. This approach was upheld by the Inspector at appeal. See here: http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?caseid=2137492&coid=5140

This is our old friends fact and degree and the decision that you get can vary with the Inspector that you get. I recently obtained an LDC for two shipping containers linked by a corrugated roof as a building and immune under the 4 year rule. Some containers have been held to be fixed to the ground by their own weight. In other cases the intention of the land owner, the use that is made of the container and the length of time that it has been there have also been factors. I would argue that one container in use for a horticultural business is lawful as part of the use of the land. I know of a garden centre with at least 16 in the yard and no enforcement action

I would say that a metal container may well be operational development without having any concrete base or permanent fixings depending upon its size, siting and length of time in place. If the container is moved about the land periodically or is only there for a limited period it is more likely to be a chattel but if for instance it is in the same position unmoved and remains in place for a prolonged period It is more likely to be operational development. I have successfully argued on appeal that a 20ft shipping container in a domestic curtilage was Op Dev based on size of weight for attachment the length of time there over a year and the owners intentions to retain it there. Other question is it harmful or expedient to do anything about it?