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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10621
Experience:  Barrister 17 years experience
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I am looking to get planning permission in the garden grounds

Resolved Question:

Hi I am looking to get planning permission in the garden grounds of my parents house approx 50 meters away from the main house. Atm the ground I want to build on houses a static caravan that a built a barn over 11 years ago and I lived in it for 5 years. The farm is very rural and in greenbelt land. Would the caravan being there for 11 years help me in obtaining planning permission for a timber house.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Diccon Cotton, the caravan being there for 11 years will only help your case if it both became a static caravan without wheels and planning permission was applied for the caravan. Otherwise, a caravan is not a permanent structure because it has wheels and so does not require planning permission. The caravan structure would have had to have become permanent in order to assist in obtaining planning permission for your current intended timber house. Otherwise, it does not assist your case. In actual fact if you make reference to the caravan being there permanently without planning permission, you are merely highlighting the fact you were flouting the planning laws. So, whilst it is permissible to make reference to a temporary caravan being placed on the site on different occasions over a number of years, you should stay clear of referring to a permanent caravan structure for which there was no planning permission.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the answer as unless you Rate the Answer your Expert receives no payment for answering your Question so there is no incentive to answer any further Questions.
Customer: replied 1 year ago.
I thought you only needed planning for a static caravan if it was permanently lived in. What about the agricultural barn I have built above it would this benefit me or hinder me?
Expert:  Buachaill replied 1 year ago.
3. It is not correct to say that you only need planning for a static caravan if it was permanently lived in. That is like saying that you only need planning permission for a house if it is lived in. It is just wrong. Secondly, the agricultural barn which you lived in for five years would only assist in obtaining planning permission if you had planning permission to live there. Otherwise, you are once again highlighting that you were living in an agricultural structure without planning permission. A residential use ancilliary to an agricultural use is permitted without planning permission so long as there was planning permission for the agricultural barn structure. However, a straightforward residential use of a barn requires planning permission.
Customer: replied 1 year ago.
So what would be your advise for my best course of action when applying for planning permission for a timber house there. I am guessing the 10 year rule no longer exists with mobile homes now then. Its hard to find any reliable info on the subject.
Expert:  Buachaill replied 1 year ago.
4. What lapse of time (10 years) does is it prevents the enforcement action by the local authority or County Council. Accordingly, whilst the local authority cannot prosecute you for having a static caravan under the Planning laws, this merely means you can continue with the use. It is not the same as having planning permission. This means that subsequently applying for planning permission for a similar use is not guaranteed success. Generally, whilst they cannot prosecute you for breach of the planning laws, this does not mean the planning authority will then look with favour on your prospective use.
Expert:  Buachaill replied 1 year ago.
5. I would advise you to get an architect or planning consultant to assist you in making the planning application if there is a prospect of being refused. They will know what the planning authority will accept and how they will view the use of a static caravan in an agricultural/greenbelt area. It just means you are not wasting your time making more than one application as you get it right the first time out.
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