Lodge Home Planning - Urban Marque

Planning Information for Lodges & Granny Annex (Caravan Acts)

Disclaimer: This guide is designed to provide information and motivation to its readers. The author and publisher are not offering it as legal, planning, or other professional services advice as every planning situation is different and the advice and strategies discussed on this page may not be suitable for your situation. Whilst every care has been taken to ensure the accuracy in the content of this work, this guide is intended only to give advice and is not a legal document.

YOU SHOULD BE CERTAIN THAT YOUR PROPOSED PROJECT IS COMPLIANT AND LEGAL BEFORE ENTERING INTO ANY CONTRACTUAL OBLIGATIONS OR FINANCIAL COMMITMENTS.

Urban Marque Ltd will not be held liable or responsible to any person or entity for loss occasioned to any person acting or refraining from action as a result of the guidance material on this information page. Remember, the law frequently changes so check with us before you do anything.

THE FOLLOWING INFORMATION IS APPLICABLE TO ALL TYPES OF:

Caravans
Mobile Homes
Park Homes
Residential Garden Lodges
Granny Annexes
Other living units of a Non-permanent fixed nature that must comply with: The Caravan Sites and Control of Development Act 1960 & The Caravan Sites Act 1968

Caravan Act Law

This is a very complicated set of rules that crossover the building planning laws and permitted development rules. Because it is so complicated and lengthy, it serves no purpose to regurgitate pages of legal views, legislation and precedents on this website – so we will stick to the tried and tested facts. If you would like more information, please email us to request an Urban Marque Ltd introduction pack or our specific planning brochure TEG15.

Mobile Homes and Residential Garden Annexes

Also called Caravans Granny Annexes or Lodges. The laws that apply to touring caravans, the type you tow behind a car, also apply to all the above, many that can be significantly larger and more suitable for year-round residential accommodation and have different build quality requirements. Installing a compliant Lodge in your garden does NOT require planning permission as it is considered not to be a building operation or development. A caravan or any unit that meets the descriptions shown below are considered to be ‘chattels’ – just the same as a car, motorcycle or boat. As previously indicated the legislation surrounding caravans is complicated and considered to be ‘a grey areas of law’ and despite many ‘precedents’ being set over the years it is still a contentious issue. Planning authorities (LPA) and Caravans rarely see eye to eye and many LPA’s try to make it as difficult as possible to permit the stationing of a caravan in a garden – so we rely on a deemed consent planning route called a “Lawful Development Certificate”, commonly known as an LDC.

To explain the demands of this complicated system in a nutshell, in order to comply with the ‘no planning’ installations rules, a proposed project must pass certain tests as follows:

Location Test

The Lodge must be in the ‘Curtilage’ of a dwelling house, in most cases this means the garden and can include parking areas, access roads, vegetable plots, children’s play areas, and stables (where the horses are kept for pleasure rather than agricultural use). The domestic curtilage is not necessarily marked off or enclosed, but it should be clearly attached to the house or serving the purpose of the house in some useful and intimate way. There is no legal definition of curtilage so it is open to interpretation but no obvious adjoining or separated land including paddocks would be considered to be curtilage. The subject land must be situated outside of a conservation area, national park or article land where development may be restricted. Being in a ‘sensitive area’ does not automatically mean that you can’t station a caravan on your land, but before you part with money or enter into an agreement please be sure of the position. If in doubt our planning consultant can help.

Use Test

The use must accompany the house, used by a family member or guest accommodation for example and not rented as a private residence or a separate dwelling or a business premises. There is no reason why parents or other relatives can’t occupy the unit as long as the unit is used in conjunction with the main house. There has to be a ‘shared’ use of house and lodge unit so for instance, if a parent(s) occupy the lodge unit they must have access and use the facilities of the main house. This can be in the form of taking meals in the main house, storing goods, washing clothes etc whilst sleeping in the lodge.

Size Test

The Lodge must not exceed 20m (66’0”) x 6.8m (22’4”) and the internal floor to ceiling height must not exceed 3.050m (10’0”). Roof overhangs (within reason) are not included in this calculation and decking or verandas can be installed as long as they are not attached to the Caravan/Lodge unit.

Construction Test

This is a very grey area of the law as a new caravan or mobile home can be constructed on site from many different components, providing it has been assembled on site in no more than two parts and then bolted together as a final act of assembly to make the whole.

Mobility Test

The law requires that the Caravan or Mobile Home unit is capable of being lifted onto a trailer as a whole completed unit and moved by mechanical means to another place. The emphasis is on the word ‘capable’ as this test is hypothetical and you don’t have to do it – just prove it is possible to lift it without damage using mechanical means. We achieve this by producing structural calculations undertaken by our chartered structural engineer and a written philosophy will confirm the foregoing.

In general, the curtilage (garden) of the main house is part of the planning permission that was granted to the main house and a caravan compliant garden lodge would share that planning permission. If the lodge is NOT compliant with the ‘rules’ it is considered to be a separate operation or development, therefore full planning permission would be required. If for example you installed a lodge and rented it out as a holiday or long term let, you would have created a new tenancy in a building that would bring the LPA enforcement officer knocking on your door.

Stationing a caravan anywhere other than a curtilage

This section is fairly complicated so we will not go into great detail. The Town & Country Planning Act 1990 introduced new criteria for the period after which enforcement action is not possible against a breach of planning control. Please ask us for our advice as each situation and location is different and general advice may not apply to your particular circumstances or location.

These include:

Replacing existing mobile dwelling units
4 Year Exemption Rule
10 Year Exemption Rule

Green Belt & Conservation areas

Along with areas of outstanding natural beauty (ANOB) may be a little different and could possibly have local rules concerning permitted development projects but as we have seen earlier, the emplacement of a caravan, that is fully compliant with the demands of the caravan acts, does not constitute a development, structure or a building operation and as such, it should not be restricted.

Clearly, siting a large unit on open aspect land would not be acceptable and could trigger enforcement action from the local authority to remove it. In all non-standard cases we recommend that you contact your local planning office pointing out your intention and ask for their advice. In many cases a letter will be sent back acknowledging your proposed action and subject to compliance, confirm that they will not take any enforcement action. Others may ask you to apply for pre-planning advice or to apply for a Lawful Development Certificate which can take your LPA several weeks to issue and this will give you the permission to station the Mobile Home without fear of enforcement action.

Our planning and customer service team can assist you with all planning issues through your project with us – please contact us if you require help with planning or any other aspect of your garden lodge requirements and installation if you choose the self-build or any other route.

We regret we are unable to apply for Lawful Development Certification for any units not designed, supplied or manufactured by Urban Marque Ltd

What is a Lawful Development Certificate?

A lawful development certificate: If you want to be certain that the existing use of a building is lawful for planning purposes or that your proposal does not require planning permission you can apply for a ‘Lawful Development Certificate’ (LDC).

It is not compulsory to have an LDC but there may be times when you need one to confirm that the use, operation or activity named in it is lawful for planning control purposes and of course if you decide to sell you main home the buyers solicitor would almost certainly want proof that a Caravan, Log Cabin or Mobile Home is not going to be subject to enforcement proceedings. Refer to your application as Caravan or Mobile Home and not as a building. If your application is partly or wholly refused or is granted differently from what you asked for or is not determined within the time limit of eight weeks, you can appeal. Appeals are made to the Planning Inspectorate. There is no fee attached to making a planning appeal, however there is a fee attached to an Enforcement Notice appeal.

Once you have your LDC, no action can be taken by the council unless you breach any of the terms under which it was granted. For example your LDC is for the mobile caravan (granny annex, garden lodge, static caravan – all the same thing), to be used incidental to the existing house and you then let it on a commercial basis or as a holiday let, the council could then revoke the LDC and issue enforcement proceedings, possibly resulting in a demolition order at worst.

You can apply for your own LDC or Urban Marque can do it for you. Please remember that it is the applicant’s responsibility to prove to the planning office that your Mobile Home, Static Caravan or Log Cabin will comply with the conditions laid out in the Caravan Sites and Control of Development Act 1960 and The Caravan Site Act of 1968.

It is necessary to send supporting documents of proof and drawings with the application along with the fees indicated on the government website. Gathering the supporting documentation is not as simple as it sounds as you must cover all bases so that the planning department can’t argue with your evidence. It is also a good idea to swear a statutory declaration as to use etc.

We should warn you that despite the law being crystal clear, some planning authorities may still refuse your application if you have not presented it correctly and proved to them that you have complied to the letter as they work on the principle of ‘fact and degree’ – which basically means that each application stands on its own merit and the proof of compliance is the responsibility of the applicant. You have a right of appeal but to avoid this time consuming and stressful route, make sure you have applied correctly.

Can Urban Marque help me to obtain an LDC and supply drawings etc for my application?

Yes we can! As part of the Mobile Home supply agreement we can supply scaled and dimensioned drawings for your LDC application once you have become a client and paid your initial deposit.

Urban Marque Ltd have qualified planning and compliance support, headed by professionally qualified individuals and can advise and make the application on your behalf.

We can prepare and submit an application on your behalf. You can be sure that our fees will always be reasonable and you are given a set figure with no hidden extras. Once we have all the planning and legal matters settled, we can then progress to your final design & engineering. Site visit and planning drawing fees are credited back to you on your final payment if the LDC is successful, but LDC application fees are non-refundable. If your LDC is unsuccessful, we will still need to charge for the site visit and planning drawing fees. The remainder of your deposit will be refunded back to you if the build is unable to proceed for this reason.

Is it compulsory to have an LDC?: No it isn’t, but we strongly advise that you do. You are legally entitled to station a mobile unit in your garden subject to compliance – many planning authorities allow the stationing of a garden caravan without question. Some prefer a letter of request, and others expect you to apply for a LDC so it depends on your area planning department. Remember that if you decide to sell your house, and the mobile home has been sold as part and parcel of your house, a buyers solicitor would want to see some proof of permission as in all extensions and notifiable alterations to an original house and failing to show an LDC may delay a sale.

Can I apply for a retrospective LDC?

Yes you can and provided that you can prove you have installed your Mobile Home in full compliance with the Caravan Act rules, there would be no reason to refuse your request.

To apply for an LDC you require:

Application Form
Block Plan
Location Drawing
Scaled Section, Elevation & Plan Drawings
Statement of compliance
Local Planning Department Application Fees
Statutory Declaration (optional but advised)

Statutory Declaration

In order to help strengthen your application for the granting of a ‘Certificate of Lawfulness” we advise you to make a Statutory Declaration which is in effect a sworn statement of truth in regard to how the caravan or timber building will be used. Suitably qualified notaries or court officers are authorised to witness a statement of truth, also historically known as swearing an oath.

We regret we are unable to apply for Lawful Development Certification for any units not designed, supplied or manufactured by Urban Marque Ltd