Retrospective permission for renting caravan over 10 yrs - normalisation?

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    Retrospective permission for renting caravan over 10 yrs - normalisation?

    If a mobile home/caravan has been used independently from the house whose garden it is sited in, for more than 10 years - and rent has been paid, is it possible to 'normalise' the arrangement by getting retrospective planning permission or cert of lawfulness? If neither are there any other steps that can be taken to allow the tenants to stay....?

    #2
    When you asked YOUR local council, what did they say please?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Section 171B Town and Country Planning Act 1990 states that after 4 years use as a dwelling house cannot be enforced against so is the the lawful use of the property.
      171B Time limits.

      (1)Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

      (2)Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

      Section 191 confirms that such use is lawful.

      191 Certificate of lawfulness of existing use or development.

      (1)If any person wishes to ascertain whether—

      (a)any existing use of buildings or other land is lawful;

      (b)any operations which have been carried out in, on, over or under land are lawful; or

      (c)any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

      he may make an application for the purpose to the local planning authority specifying the land and describing the use, operations or other matter.

      (2)For the purposes of this Act uses and operations are lawful at any time if—

      (a)no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason);
      and

      (b)they do not constitute a contravention of any of the requirements of any enforcement notice then in force.
      As long as you can provide evidence that use of the caravan as a separate dwelling has been so for the last 4 years then the local planning authority will have to issue a Certificate of Lawfulness of the existing use as a C3 dwellinghouse.

      The same applies to the other posting when a building has been used as a separate dwelling house for more than 4 years.

      As long as the quality of evidence is sufficient to prove those claims then the Certificate will have to be issued when an application is made to the LPA accompanied by the necessary fee.

      Comment


        #4
        Thank you Pilman ! I was just concerned because the house was now let it might confuse things...but I can prove 18 years continual use!! Cheers, mojo

        Comment


          #5
          I would imagine LA will argue that a caravan is not a building and so the act doesn't apply.

          Comment


            #6
            You can of course buy books on Planning Enforcement. You can always ask a Chartered Town & Country Planner. I once had to submit an application for a Certificate of Lawful Development, where I had a problem was the Council once they had received it, just sat on it and I heard nothing for over a year. I also read in the planning books I bought where they gave reasons for decisions, was a case where someone had been living in a caravan for over 10 years but had to prove it. Aparrently 11 years before the caravan owner had been ill and his DR attended to him at the caravan, and gave a statement to that effect. I believe that a Certificate of Lawful Development isent dealt with by the Planners at the Council, its the Legal People as its not about planning its about evidence.and proof of 10 years use,

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              #7
              It is still a planning application even though it has to be decided on the evidence provided. A decision has to be made within 8 weeks or an appeal can then be started.

              Comment


                #8
                Originally posted by pilman View Post
                It is still a planning application even though it has to be decided on the evidence provided. A decision has to be made within 8 weeks or an appeal can then be started.
                The application could also be 'decision deferred' as I find happens a lot in my area. Don't rely on the 8 weeks for a result.



                Freedom at the point of zero............

                Comment


                  #9
                  Don't rely on the 8 weeks for a result.
                  The statutory requirements relating to the determination of planning applications are set out in Section 34 the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 in England (the England DMPO)

                  Time periods for decisions

                  34.—(1) Subject to paragraph (9), where a valid application or a non-validated application has been received by a local planning authority, the authority must within the period specified or referred to in paragraph (2)(1) or (3) give the applicant notice of their decision or determination or notice that the application has been referred to the Secretary of State.

                  (2) The period specified or referred to in this paragraph is—

                  (a)in relation to an application for major development, 13 weeks beginning with the day immediately following that on which the application is received by the local planning authority;

                  (b)in relation to an application for development which is not major development, 8 weeks beginning with the day immediately following that on which the application is received by the local planning authority; or

                  (c)in relation to any development, unless the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing between the applicant and the local planning authority.

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