Planning Guide for Mobile Homes in Gardens Available on Amazon...
If you're looking to have a mobile home in your garden we strongly recommend you buy the book 'Planning Free Granny Annexe - A guide to Mobile Homes in Gardens' - available on Amazon. Extracts below...
Click link below or visit Amazon.co.uk and search 'Planning Free Granny Annexe'
http://www.amazon.co.uk/Planning-Free-Granny-Annexe-Permission/dp/B009K2I7EA/ref=sr_1_2?ie=UTF8&qid=1353325133&sr=8-2
Index
Page Content
1 Index
2 Disclaimer and Copyright
3 Introduction and Key Factors
4 Modern Mobile Homes (images)
5 Overview of the Law Caravans in Gardens
Key Legal References
6-7 Common Questions
8-9 Different Types of Caravan
10 The Legal Definition of a Caravan
11 Conforming to the Definition of a Caravan
12 Planning Law for Garden Caravans
13 How Can a Caravan be Unlawful?
14 Definition of Dwellinghouse and Curtilage
15 Definition of Incidental
16 Use a Planning Professional
17 Hardstandings
18 Separate Unit Contention
19 Solution to the Separate Unit Contention
Contacting the Planning Authority
20 Example Informal Letter
21 Example Application Letter
22 What is a Statutory Declaration?
23 Example Statutory Declaration
24-25 Example Response to Informal Letter
26 Application Pack Guide
27-33 Example LDC Application Supporting Details
34-37 Example Completed Application Form
38-45 Communities and Local Government User Guide for Lawful Development Certificates
46-56 Original Documents of Law
57-59 Key Case Law References
60-70 Example Floorplans
Introduction
Welcome to ‘Planning Free Granny Annexe’ the comprehensive guide to using a mobile home or static caravan as a residential annexe in your garden.
It’s surprisingly true that laws relating to touring caravans, the type you tow behind a car, also apply to mobile home and static caravans: a type that can be significantly larger and suitable for year-round residential accommodation.
Historically mobile homes have little architectural beauty and bear connotations of lower quality living standards. However, modern designs and build methods can offer all the luxury of a conventional build.
You may have seen mobile homes and static caravans being transported along the motorway and think of the practical impossibility of delivering the structure into your back garden or down a local road, this need not be a problem. Caravans, even large mobile homes, can be assembled on site if access is restricted.
Building a residential ‘granny annexe’ as a mobile home is fantastic way to avoid the need for planning approval altogether and substantially increase the value and use of your property.
Key factors
Location
The Caravan must be in the ‘Curtilage’ of a dwelling house. This is the drive or garden, not adjoining paddock land, for example.
Use
The use must accompany the house, used by a family member or guest accommodation for example and not rented as a private residence or a separate dwelling or business premises.
Structure
The actual structure must conform to the legal definition of a ‘caravan’ based on its size, mobility and construction method.
Overview of the Law - Caravans in Gardens
A caravan, be it a touring or static caravan or a large twin-size mobile home, is regarded as an article of movable personal property known as a ‘chattel’ and there is no public law preventing one being kept in someone’s garden, but there are Laws that regulate the ‘Use’ of land.
The siting of a caravan within the garden of a property does not require express consent provided a ‘material change of use’ has not occurred. Gardens are used for the enjoyment of the main dwelling house. If a caravan is parked in a drive or sited in a garden and used by members of the household in connection to the enjoyment of the house or as extra accommodation for visiting guests, provided the occupants continue to use the facilities of the house, then the siting of the caravan has not changed the ‘use’ of the land. However, if for example a caravan is sited in a garden and used as business premises, separately rented or used as a primary independent dwelling, with no relation to the main house, the local planning Authority could decide that an unauthorized ‘material change of use’ has occurred, for which planning permission will be required.
Mobile Homes and Caravans can be sited and used in a garden without the need for express planning consent. If the use is not considered part of, or incidental to, the house, then a ‘material change of use’ may have occurred. If the caravan is not considered to conform to the definition of a caravan then ‘building operations’ may have been carried out. In either case, planning permission will be required.
Key Legal References
Section 55(1) of the Town and Country Planning Act 1990 defines ‘development’, which requires planning permission, as carrying out of building and other operations or making of any material change in the use of any buildings or other land.
Under s 55(2)(d) of the Town and Country Planning Act 1990 the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such is not to be taken to involve development of the land.
The Caravan Sites and Control of Development Act 1960 Schedule 1. Cases where a Caravan site License is not required. 1. Use within curtilage of a dwellinghouse. A site licence shall not be required for the use of land as a caravan site if the use is incidental to the enjoyment as such of a dwellinghouse within the curtilage of which the land is situated.
Example Informal Letter
EXAMPLE Letter to council seeking confirmation on informal basis
[Date]
[Council address]
Dear Sir
[FULL ADDRESS OF THE PROPERTY]
I am proposing to station a mobile home in the garden of my property above. A location plan is attached with the property edged red.
I understand I do not need planning permission to station a mobile home and would be grateful to receive your confirmation.
The mobile home would be stationed within the curtilage of my house.
The mobile home would be a [type of caravan proposed] which would come within the definition of a caravan in terms of its design, mobility, size and construction.
The mobile home would be placed on the land and would not be fixed to the ground.
The mobile home would be used for [an annexe by a family member(s) / additional bedrooms / guest accommodation / staff accommodation / hobbies] as an integral part of the overall use of the house as a single dwelling. It would share services, facilities and access with the house.
I believe the proposed use would not be a material change of use and would be incidental to the enjoyment of the dwelling house.
If you have any questions, please contact me. Otherwise, I look forward to receiving your confirmation.
Yours faithfully
[signature]
[your name]