Legislation to allow caravan for engineering works

Standard letter to change as neccessary according to circumstances

Dear ......

Re: Legislation to allow occupation of a caravan during engineering works for Permitted Development.

I understand that the following legislation states there will be no objection to the siting of caravans for persons employed in the construction of an agricultural building where permission has been granted. A successful 28 day notification is indeed a planning consent (permission), albeit granted in effect by Statute rather than by the Local Planning. I will deal with the definition of a caravan in due course.

The Caravan Sites and Control of Development Act 1960 which states in the First Schedule cases where a Caravan Site Licence is not required. Paragraph 9 states that in Building and Engineering sites, subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use as a caravan site of land which forms part of, or adjoins, land on which building or engineering operations are being carried out (being operations for the carrying out of which permission under Part III of the Act of 1947 has, if required, been granted) if that use is for the accommodation of a person or persons employed in connection with the said operations. The Town and Country Planning (General Permitted Development) Order 1995 which states in Schedule 2, Part 5, Class A, Permitted Development:

A. The use of land, other than a building, as a caravan site in the circumstances referred to in paragraph A.2.

Condition

A.1 Development is permitted by Class A subject to the condition that the use shall be discontinued when the circumstances specified in paragraph A.2 cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

Interpretation of Class A
A.2 The circumstances mentioned in Class A are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act (cases where a caravan site licence is not required), but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

The definition of caravan normally used is given in the Caravans Sites and Control of Development Act 1960 and the Caravan Sites Act 1968. The 1960 Act states that a 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 being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted.”

The 1968 Act States:

i) that a caravan may be composed of no more than two parts which can be transported onto the site on two lorries and bolted, clamped or otherwise joined together on site; but when it is assembled it must be physically capable of being moved as a whole from one place to another on the road, either by towing or on the back of a lorry. Whether or not it is lawful to so transport it on the road is not relevant.

(ii) That a caravan should be no more than 60 foot long, 20 foot wide and 10 foot from “the floor at the lowest level to the ceiling at the highest level”.

The above legislation allows caravans to be stationed temporarily to accommodate workers on a site where building or engineering works are in operation for which permission has been granted and used for the accommodation of those employed on the operations.

There is no time limit in this legislation (The Caravan Sites & Control of Development Act 1960, The Town & Country Planning (General Permitted Development) Order 1995 Parts 4 & 5, but obviously it is a condition that the Agricultural Permitted Development must be completed within 5 years from the date of the validation of the Notification.

Due to other work commitments on our Farm it would not be possible to spend all day, every day working on this new building, therefore, that would be a be a consideration as to the length of time it may reasonably take to complete the proposed works. There is case law to suggest that employment need not be full time for these purposes but should be physical work and not spasmodic.

Yours sincerely

#1
Piglet

Posted 24 February 2011 - 20:34

#2
mel

Posted 05 February 2013 - 13:55

#3
Devon Cream

Posted 05 February 2013 - 15:05

#4
tonydockers

Posted 29 April 2015 - 13:54

#5
tonydockers

Posted 29 April 2015 - 13:55

#6
tonydockers

Posted 29 April 2015 - 13:57

#7
Nolly

Posted 24 July 2016 - 18:39

#8
pigsmitefly

Posted 22 August 2016 - 16:54

Legislation to allow caravan for engineering works

#1 Piglet Posted 24 February 2011 - 20:34

#2 mel Posted 05 February 2013 - 13:55

#3 Devon Cream Posted 05 February 2013 - 15:05

#4 tonydockers Posted 29 April 2015 - 13:54

#5 tonydockers Posted 29 April 2015 - 13:55

#6 tonydockers Posted 29 April 2015 - 13:57

#7 Nolly Posted 24 July 2016 - 18:39

#8 pigsmitefly Posted 22 August 2016 - 16:54

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