Hey Guys
I have been reading the Planning Permission Questions section for a little while and havent seen anything about "unlawful caravan"
I got this email today:
"In respect of the use of the caravan for residential occupation, I can confirm that I have taken legal advice on this matter. You suggested during our meeting that you considered the stationing of the caravan and use it for residential purposes was ‘permitted development’ by virtue of Schedule 2, Part 4, Class A ‘Temporary Buildings and Uses’ of the Town and Country Planning (General Permitted Development) Order 1995 as amended.
In the opinion of the Council, this part of the development order permits a structure that is needed for the purposes of carrying out the development and that may be present during the relevant operations, as well as before and after, provided that the ‘before’ and ‘after’ are reasonable having regard to the nature of the proposed operations. When we say needed, that refers not only to the proposed development but also to the nature and extent of the structure.
So, in this case you don’t need to occupy a caravan to construct a barn on the land but you might need to erect a structure to accept the contents of the shed until the new shed is built. In the circumstances, the stationing of a caravan on land for residential use is not considered to benefit from these permitted development rights. The caravan is unlawful and should you wish to retain it, you will need to make a planning application.
Assuming that you intend to claim that the caravan is needed in connection with your agricultural use of the adjoining land, then you will need to provide functional and financial justification with your application.
The previous application made by the previous owner is available on line to view should you wish to understand what information will be required with your application. "
Do I just send this back?
"For the farm to continue to operate and diversify; planning permission of an agricultural store was granted on the 7th July 2014 (Application Number: 14/0115/AGR).
According to The Town and County Planning (General Permitted Development) Order 1995 and the Caravan Sites and Control of Development Act 1960, first schedule, paragraph 9; you can live on the land while engaged in the building or engineering works (in this case the constructing the above barn).
It is the plan of Mr Hodson and Miss Diss to live in the lawful mobile home and develop the barn as a machinery and feed store to aid a profitable business"