The idea of siting a static caravan in a residential garden is increasingly popular, whether for a home office, business, annexe, leisure or temporary accommodation purposes. But what does the law say?
The first consideration focuses on the Caravan Sites and Control of Development Act 1960, the Town and Country Planning Act 1990 and the 2015 General Permitted Development Order.
When planning permission might not be needed
If the caravan meets the legal definition (capable of being moved and within size limits) and is sited within the “curtilage” of the property (such as a garden or nearby land), planning permission may not be required.
However, this only applies if the caravan is used as part of the main house, not as a separate dwelling.
Understanding the planning unit
The idea of a “planning unit” comes from a key case, Burdle v Secretary of State (1973), and has been developed further since. It is an important concept.
If the caravan and the house are part of the same planning unit, and the caravan is clearly being used as an extension of the main home, then there is no change of use and no need for planning permission.
But if the caravan is used independently (as separate accommodation) or is placed outside the garden area (for example, in a paddock), planning permission is likely to be needed.
Use matters more than appearance
Case law and planning appeals confirm that the key test is “fact and degree”, how the caravan is used, not just its presence.
For certainty, many owners/occupiers opt to apply for a Lawful Development Certificate.
Covenants and title restrictions
Owners must also consider any “covenant” issues or restrictions conferred by the Property Title (Deeds).
Often, there will be covenants which specifically restrict certain structures, or more specifically that limit the erection of temporary accommodation or ‘caravans’.
Owners may also consider “nuisance” covenants.
Usually, the enforcement of covenants lies with an adjoining owner or neighbour to escalate.
Local authority involvement and enforcement
In the alternative, residents may be entitled to expect (and encourage) a Local Authority to take enforcement action in respect of any potential planning breaches.
Local Authorities have statutory duties and also need to comply with their Local Development Plans.
Curious about the boundaries of “curtilage” or the limits of “ancillary use”?
The law is nuanced, and each case turns on its facts.
The planning unit and curtilage are the difference between a hassle-free annexe and an enforcement notice.
At Dyne Solicitors, we can help with escalation and enforcement.
We are well placed to advise as to options and opportunities.
We are specialists in Regulatory and Property Disputes, and we work alongside Planning Experts, Land Agents and Property stakeholders to provide solutions.
If you are considering siting a caravan on your property, or are concerned about a neighbour’s use, contact Alex Sandland today.