Whats the law on Static caravans being cited in your own back garden. Urgent advice, and references please?

I have cited a 28 x 10 static in the garden, to use as an extra storage, and for my teenage daughter



The council have now written a very informal letter, saying that planning permission was not sort, and that we need to apply for that within 28 days. As the caravan does not keep in within the area. Let alone all these bloody high rise flats in Cardiff Bay do!!!!



Everywhere that I read before purchasing said that you do not need to apply for planning permission



Please help asap?

Whats the law on Static caravans being cited in your own back garden. Urgent advice, and references please?
Planning permission is required for “development” of land. The definition of “development” is “the carrying out of building, engineering, mining or other operations in, over or under land or making of any material change in the use of any building or other land,’



It is therefore vital to consider the meaning of both “building” and “building operation”. Whilst the phrase “building” has been found to be broad enough to include structures and erections which might not ordinarily be regarded as a building, the courts have decided that if something falls within the definition of a “Caravan” it cannot also be a “Building”. The two definitions are mutually exclusive.



The legal definition of a “Caravan” is:



“Caravan means any structure designed or adapted for human habitation which is capable of being moved from one place to another whether by being towed or by being transported on a motor vehicle or trailer”



A static caravan therefore, which cannot be towed would not normally fall into this exemption and would normally need planning permission.



To get round it there is on exemption - "Incidental use within the curtilage".



What this means is that if a mobile home is sited within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house, it is unlikely to require planning approval. Generally the curtilage of the house must display the following characteristics:

o It is generally confined to a small area about a building

o There is an intimate association with the land

o It is not necessary for there to be physical enclosure of land within the curtilage but it at least needs to be regarded as part of one enclosure with the house.



The mobile home must also be used for a purpose “incidental to the enjoyment of the dwelling-house”, that is in addition to the use of the house, but not as somebody's separate dwelling. You may use a static caravan as a granny annex for example, but it must not become somebody's "only or main residence". There must remain a relationship between the caravan and the house, so, for example, meals could be eaten in the house. The static caravan should be used simply in the manner of an extra room/bedroom.



You will always require planning permission if you are in a conservation area.



Try the governments planning portal website at www.planningportal.gov.uk for more information.
Reply:All i can suggest is contact them asking for them to send you the legislation or council by-law they are qouting from saying that you need planning permission or to point you to the legislation on there website.



If they can't come up with it..think you will find they cant make you apply for it.



However if its big enough to be classed as a mobile home and will have plumbing/electric put in then i guess you will need permission as you would for installing one on a mobile home caravan site.
Reply:Go on the councils planning web site and check out there planning guide lines. They have to stick to these by law.



Or Try Citizens Advise Bureau, they give free advise and can tell you exactly where you stand legally.
Reply:If the council have told you you have to then you don't have a choice sorry. You should have checked with them first, apply and hope for the best.