33 replies to this topic

[happymanoftheworld]

Perhaps a stupid question but just realised I don't know the answer. The Caravan Act states up to 5 years use of caravan or temporary building then must be removed. BUT you only need to live 4 years in building for Lawful use Certificate. Which wins in the end.... i.e. has the "must be romeoved" got priority over the 4 year rule? Have a GREAT day!

[Groundhog]

where you been

[boiow]

The 5 year 'build time' comes from the GPDO and not the caravan act, i think.   The 4 year rule applies to buildings lived in but with no enforcement for 4 years if a single dwelling.  The 4 year rule must have priority over ' must be removed'  unless you have told them that you are 'staying' in the building and not 'living'.   

   I thought you were dead.  '.

[shepie]

Hi happy did you get to stay on the land and convert your mobile into a log cab in type home ? Good to have you back .
Thought the planners had done you in and buried you in a Scottish peat bog

[happymanoftheworld]

You lot should be VERY careful.... I will report you as undesirable aliens should you cross the border after next fortnight!!!!

 

I have been hibernating in my two year temporary cabin and keeping my head low!

 

I would send a picture but cannot find how to upload it on this post thread ---- if you let me know how to do it I will show you my des-res!

[j and H]

open a PHOTOBUCKET account…its free…it will guide you on how to upload to photo bucket. 

 

once you have uploaded, click on the photo…there will be a box..look for the one that says image…click that link..it will say copied..then come on here and paste…simples

 

[happymanoftheworld]

http://s1295.photobucket.com/user/happymanoftheworld/embed/slideshow/

Thanks for "how to" - appreciated - however - I used the image icon and pasted the url but nothing happened.... if neither of these work can you explain as ten point plan!!!! Or perhaps tap into it and copy for me.

 

If the photos do come through let me know. I have included "great to laugh back about - not funny at time" photos of caravan the winter before cabin. NOTE all windows and door shots are INSIDE! The knife and plate are actually almost vertical stood up in the iced up washing bowl. Happy days!!!!! Thanks all.

 

P.S. The old timer is NOT me (Don't start Dave!) - he is my dad aged 93 - amazing considering he was a coal miner in the "old" days!

[happymanoftheworld]

[j and H]

ok..i take it you have uploaded your pictures to photobucket,  click on the photo in photo bucket, it should enlarge…..once it has enlarged, there should be a line of options on the right hand side

 

scroll down to the one that starts with IMG… left click on that ..it should come up COPIED…. then come on here…right click when posting and the image should appear

[j and H]

just doing a video  that will show how this picture appeared

 

[happymanoftheworld]

Hi John and Helen --- Itried that and yes, it went ok and showed copied in Photobucket BUT when I left clicked on F2F it gave option to paste..... I did.... but nothing happened.

 

I tried the image icon and pasted into that, clicked ok.... waited..... nothing happened

 

SO>>> if you want to see the cabin (yet to be stained in golden pine!!!) better just click on lick..... if anyone wants to transfer it to here for me they are welcome!!!! . Good luck and I hope the sun is shining as much where you are.

 

http://s1295.photobu...mbed/slideshow/

 

Remember the old man is NOT me!!!!!!!

 

OOPS! Just meant to add ---- Piglet is a smart****

[j and H]

i don't understand why it won't work for you… try right click..it may work, i don't know

 

[j and H]

or try pressing cmd and V together

[elegantstorm]

Perhaps a stupid question but just realised I don't know the answer. The Caravan Act states up to 5 years use of caravan or temporary building then must be removed. BUT you only need to live 4 years in building for Lawful use Certificate. Which wins in the end.... i.e. has the "must be romeoved" got priority over the 4 year rule? Have a GREAT day!

4 years is where there isn't a change of use I beleive, like building a house in your garden.  I think where there is a change of use, from agricultural land to residential then you need to have lived on the land for 10 years without them having issued an enforcement notice, be able to prove that you've lived there for 10 years, and not at any point during that time claimed that you are stopping on the land whilst building or utilised any other exemption which wouldn't count towards your 10 years.

[boiow]

This blog explains the position well.  http://planninglawbl...-year-rule.html.    Even if you build on agricultural land it is 4 years if classed as a single dwelling.

[happymanoftheworld]

Hi --- First Worzel.... I do follow that site and it is excellent - I had read the blog but it didn't clarify my point.... but thanks anyway.

 

Second - Lamb -  "prove that you've lived there for ten years and not...... claimed you are stopping on the land.... or utilised any other exemption...... your ten years."

Whilst living in caravan twice I have been given 2 years temporary permission - does what you quote mean that the ten years is null and void? If so can you point me to the regulation wording as I must have missed it ---- and goodness knows - I have read and re-read everything to the point of madness. War and Peace would have been an easier read!!!!

[elegantstorm]

That's not a quote.  It's my words.  I'm not sure which regulations you would need to read or interpret, but you can't be doing two things simutanouesly.  Either your caravan is based there under the two year temp permission or it is there without permission.  As the authorities have it on record that you have it there for two years on a temp basis then your time limit I would assume would begin from the time that temp permission expired.  You can't apply for temp permission, for however many years, and then turn around and say that doesn't count after all.  If you tried to prove your case on that basis you've shot yourself in the foot as the LPA will use your application and the temp permission to disprove your case.

[elegantstorm]

nb. I'm assuming your original enquiry concerned keeping the caravan as a residential dwelling.  In which case you've said you've only lived in the caravan twice - for residential I understand you need to have lived in it continuously for the period.

If however you wished to keep the unit for use in connection with the lands use, e.g. the unit was a store, welfare unit etc, then I would guess that isn't a change of use and so would be 4 years from the expiry of the original temp permission.  If you took it from before the expiry the onus would be on you to prove it's use from said date...

But then we get back to the inspector in our enforcement appeal whom said that our cabin wasn't a building (as portable with a hi-ab or crane) and hence didn't need permission as it's use was auxillary to the farm (office and store)

[happymanoftheworld]

Hi Piglet --- here is the full story which perhaps will explain what I am looking at

 

2004 -9 years and 11.4 months ago I moved a caravan on site and moved in paying council tax immediately and registering with the assessors.

 

 

2007 applied for full, turned down but got two years temporary for same caravan. Planner asked if I would move van from direct view of neighbours --- about 40 metres away. The temp expired.

 

2011 given extension of 2 years and allowed to build a cabin (temporary) on second site of caravan which I did but still kept caravan.

 

2011 applied for PD to do repairs and renovation to barn and planner agreed to this (thereby gaining the five year caravan rule)

 

2013 Assessors came out for new "Chalet" as they named it and kept it in same tax band..... I pointed out to them that I still was using the caravan as an annexe to the cabin so had not "left" it.

 

Today ---- still got cabin and caravan. So perhaps that makes my question clearer....i.e. do I go for ten year next month, do I hang on till April and go for four year on cabin, if challenged on expiration of cabin temp do I then say "Ah! But I have PD five year which gives me another year" and the it is four years..... but because of having temp for two of those cabin years does it negate the four year rule.... if you see what I mean! I am sure there are other combinations of "what if" so now you see my predicament!

[elegantstorm]

oo, i'm now a piglet.  Rather more fitting for a pig farmer.  I was a lamb prior to the last post.