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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10594
Experience:  Barrister 17 years experience
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I am carrying out a self build barn conversion in a AONB and rather than caravans I instal

Customer Question

I am carrying out a self build barn conversion in a AONB and rather than caravans I installed a modular building as temporary accomodation for me and my family approx 5 years ago.
I sent an email to my local planning office asking if this was ok and received a reply stating providing it was moved at the end of the project no problem.
Have now received a letter from enforcement officer challenging my position and following a discussion with him he will revue the situation in six months.
Can the local authority impose time limits?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
we have been paying council tax for 5 years
Expert:  Buachaill replied 1 year ago.
1. The issue here is that once a building becomes no longer temporary, then planning permission is required for it. Normally, a structure would be considered temporary for six months or a period of less than a year. AFter five years, I regret to say your modular building would now be considered no longer temporary and so would require planning permission. The reason the planning office said it was OK if the modular building was moved at the end of the project was because this would mean the structure was temporary and not permanent. However, I would suggest you should apply for planning permission if you wish to leave it where it is.
Expert:  Buachaill replied 1 year ago.
2. It is not the local authority imposing time limits but it goes to the issue of whether the structure is temporary and to be taken down, or whether it is no longer temporary.
Expert:  Buachaill replied 1 year ago.
3. Please RATE the answer, Andrew, as unless you Rate the Answer your Expert receives no payment for answering your Question.
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Customer: replied 1 year ago.
Thankyou,
Its as suspected but its not a question of wether we intend to remove the modular building at the end of the project we fully intend to do that .Due to the need for me to earn a living to finance the work I am unable to estimate an accurate completion date and it certainly wont be within the next 6 months. The issue is the time limit can they impose one?
Expert:  Buachaill replied 1 year ago.
4. The council can impose a time limit in that they can take a view a decide that planning permission should be applied for. Ultimately, once a period of passed and the dwelling is no longer temporary, they can simply take a view and mandate that planning must be applied for.