![]() ![]() If the caravan is not considered to conform to the definition of a caravan then ‘building operations’ may have been carried out. If the use is not considered part of, or incidental to, the house, then a ‘material change of use’ may have occurred. Mobile Homes and Caravans can be sited and used in a garden without the need for express planning consent. However, if for example a caravan is sited in a garden and used as business premises, separately rented or used as a primary independent dwelling, with no relation to the main house, the local planning Authority could decide that an unauthorized ‘material change of use’ has occurred, for which planning permission will be required. If a caravan is parked in a drive or sited in a garden and used by members of the household in connection to the enjoyment of the house or as extra accommodation for visiting guests, provided the occupants continue to use the facilities of the house, then the siting of the caravan has not changed the ‘use’ of the land. Gardens are used for the enjoyment of the main dwelling house. The siting of a caravan within the garden of a property does not require express consent provided a ‘material change of use’ has not occurred. Overview of the Law – Caravans in GardensĪ caravan, be it a touring or static caravan or a large twin-size mobile home, is regarded as an article of movable personal property known as a ‘chattel’ and there is no public law preventing one being kept in someone’s garden, but there are Laws that regulate the ‘Use’ of land. 4.the degree to which the caravan is functionally connected to and subordinate to the use of the dwelling house.3.the relative scale of accommodation in the caravan and the house.2.the relative size of the house, its garden and the caravan.1.the relationship between the respective occupants.There are 4 accepted ‘incidental’ tests, reported to the House of Commons (Hansard, for 22 November 2005) as arising from relevant case law. The use must be incidental to the use of the house, meaning used in conjunction with. Īppeal Decision by the Secretary of State (Erewash Borough Council 2002) determined that there are 3 tests to be applied to the park home: The actual structure must conform to the legal definition of a ‘caravan’ described in the Caravans Sites and Control of Development Acts 1960 and Associated Articles. In James v Secretary of State for the Environment 1990 it was held that there are three criteria for determining whether land is within the curtilage of a building, namely: This is the drive or garden, not adjoining paddock land, for example. ![]() The caravan must be in the ‘curtilage’ of a dwelling house. A mobile home will not require planning permission based on the follow criteria: ![]()
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