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Subject Topic: pitching on your own land (planning) Post Reply Post New Topic
14/2/2013 at 9:52am
 Location: HAMPSHIRE
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we spend several weekends a year by the coast in dorset first in a tent and now in a motorhome,i have found a piece of land for sale it was formaly part of a garden and has a double garage,it has consent as domestic use ie garden and private garage,i was wondering what the planning regs were on camping on your own land for tents caravans or motorhomes


14/2/2013 at 10:27am
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I think if you intend to spent "X" nights there, you would need planning. (Sorry I don't know the value of "X")

Phil is the man to let you know


14/2/2013 at 11:13am
 Location: Worcestershire
 Outfit: Defender 90 and MyWay Voyager Raid
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There is the 28 day planning rule, Google it........

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Love a lot. Trust a few. But ALWAYS paddle your own canoe!!
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14/2/2013 at 11:15am
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I would guess that there is less than no chance of permission being granted for holiday pitching, generally the councils in holiday areas are pretty aware of this sort of thing happening & take rapid steps to stop it.

Obviously if the land was not visible from the road you might get away with it.


14/2/2013 at 3:52pm
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If it was your own garden attached to your house I would imagine it could be counted as ancillary enjoyment of the house and you would be OK if it was you using it (but not if someone else camped there) but even that's probably a gray area. But anyway as this is a separate plot I'm sure the 28 day rule will apply - this allows any temprary use for up to 28 days a year ( see the General Permitted Development Order 1995) but that specifically excludes caravans ( under the 1960 Act talked about below this definition also includes motorhomes); tents are OK.
Temporary use of land for caravans is covered by the Caravan Sites and Control of Development Act 1960 - this is the Act that set up the system for Certificated Sites and Locations and temporary meets by the Clubs. This bit of it seems to be the bit you would need to look at - by the looks of it you are OK for stays of a couple of nights at a time for a total of 28 days in the year or for as many nights as you want up to 28 days in the year if the land is over 5 acres.
I'm no expert, but I hope this helps a bit rather than just confusing you more. Unless you don't want to let on what you're proposing the best people to ask are the planners at the local council where the land is.
By the way any of the rights to use land temporarily can be taken away in certain parts of the country if an order has been passed by the local authority ("Article 4") you really would need to check things out in detail to be sure you're on solid ground.

Post last edited on 14/02/2013 16:00:22

Post last edited on 14/02/2013 16:00:42


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14/2/2013 at 5:05pm
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apply to the Land Registry for a copy of the Register for this plot of land, i think it costs around £4,this should also show restrictions of use ??

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alpiner


14/2/2013 at 10:22pm
 Location: West Midlands
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Quote: Originally posted by alpiner on 14/2/2013
apply to the Land Registry for a copy of the Register for this plot of land, i think it costs around £4,this should also show restrictions of use ??

Won't show planning restrictions though.

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14/2/2013 at 10:26pm
 Location: Keswick
 Outfit: Bailey
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It's complicated...........................

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,’

You say that the land is used as a garage and garden. So, a use for siting a caravan for residential purposes suggests a "change of use" for which planning permission is required, but then that dpends on the number of days you intend to park your van there.

In terms of development, it may be relevant to consider the meaning of both “building” and “building operation” for which planning permission is required. 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. You don't have a dwelling in this case so that legislates against you. 

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

To cut a long story short....go and have a chat with a planning officer at the Local Authority

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    



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