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Can my daughter live in a caravan in my garden?

The answer is yes, but you can't use the caravan as accommodation. It must be used in association with the use of the land. On farm land the caravan must be used for farming activities, storage or a rest area required by health and safely for workers.

habitatmobilehomes.com - Mobiles Homes in Gardens - Habitat Mobile Homes Ltd

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OVERVIEW

A 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 and ‘Development’. The siting of a caravan within the garden of a property does not require express consent provided a ‘material change of use’ or ‘Development’ has not occurred. 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. 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. The most important element is location. The location has to be in the direct garden, it can’t be on paddock land, or scrub land that is some distance from the house, even if the location is within the property boundary it really needs to be in the direct garden. A mobile home can be used in a garden without planning but you will need to justify how the use of the caravan supports the use of the house and how it will not become a separate or independent dwelling. For example the people who sleep and wash in the mobile home will use the cooking facilities of the main house. The structure must also be located in the actual garden, not surrounding land. Caravans, including mobile homes up to 65x22ft, can be sited in the direct garden of a house without planning permission if they are used by members of the household as additional living space not as independent accommodation.

Key Factors

There are three key factors to determine whether siting a caravan in a garden will not require planning permission. They are; the location of the caravan is garden, the caravan itself conforms to the legal definition, the use of the caravan is functionally link to the house.

Location

The caravan must be in the ‘curtilage’ of a dwelling house. This is the drive or garden, not adjoining paddock land, for example. 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:

physical layout ownership, past and present use or function, past and present

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Definition of a ‘Caravan’

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. Appeal Decision by the Secretary of State (Erewash Borough Council 2002) determined that there are 3 tests to be applied to the park home:

construction test mobility test size test

Use

The use must be incidental to the use of the house, meaning used in conjunction with. There are 4 accepted ‘incidental’ tests, reported to the House of Commons (Hansard, for 22 November 2005) as arising from relevant case law. These are: the relationship between the respective occupants the relative size of the house, its garden and the caravan the relative scale of accommodation in the caravan and the house the degree to which the caravan is functionally connected to and subordinate to the use of the dwelling house

Different Types of Caravan

The legal definition of a caravan covers a wider range of structures than conventional touring caravans. A ‘caravan’ is any structure designed for human habitation that is capable of being transported. The term ‘caravan’ applies to touring caravans, motorhomes, static caravans and twin-unit mobile homes and park homes. Touring Caravans. These are the ones we see towed behind cars. Designed for occasional recreational use. They are built to BS EN 1645 and must meet the requirements for the construction and use of road vehicles. Motor-caravans incorporate the living accommodation similar to that of a touring caravan onto a motor base vehicle and are therefore designed specifically for touring. They are built to BS EN 1646 and must be road legal. Static caravans, also called holiday caravans and single units, are designed for recreational use not yearlong residential accommodation. They are not directly towed on roads but transported in one complete section on a HGV trailer. They are built to BS EN 1647. Park Homes refers to single and double unit caravans designed for residential use and built to BS 3632. Mobile homes refer to caravans that are designed for residential use and are not to be directly towed on roads by a vehicle. They do not have to meet any BS standards but they must meet the mobility and size test and additionally the construction test for twin units.

Common Questions

If I couldn’t drive a small car to my back garden, how would a massive 20 x 6 meter 5 bedroom mobile home be moved in and out?

Mobiles Homes can be assembled onsite from prefabricated panels and the mobility off-site and down a non-specific road is hypothetical. This is best answered in ‘The Appeal Decision; Brightlingsea Haven Limited v. Morris 2008’ where it stated ‘It is the structure that must conform to the law not the means of access to where the structure actually is, and whether it may have difficulty in reaching a road.

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It is now common practice to build or assemble caravans in hard to access back gardens. The structure must remain movable and capable of transport down a hypothetical road, even if access to a road may require craning over buildings or complicated procedures. The structure need not have direct access to a road to be deemed a ‘caravan’. In terms of construction, Mobile Homes can be assembled onsite from many prefabricated pieces so long as they conform to the construction and mobility test. Other caravans like touring and static caravans need not meet the construction tests but must remain movable. For large mobile homes it is recommended a kit-form caravan is purchased from a specialist reputable manufacturer as opposed to building one independently. Why would I want to live in a Caravan? I’ve stayed in caravans at holiday parks; they look horrible and are freezing cold in the winter! Many people think of mobile homes and static caravans as having substandard comfort, dreary designs and paper-thin walls. However, they are not all like this. Modern mobile homes can offer all the luxury of conventional residential living. They can be built to the same insulation values as a normal house and come in a variety of designs and styles.

How big can a ‘caravan’ be?

Although the maximum size of a caravan is limited to 20 x 6.8m in the Caravan Sites Acts, it is still considerably large, with enough space for over five bedrooms, toilets, kitchen and living spaces. A caravan can be significantly larger than most buildings capable of obtaining planning approval as annexes.

Why not just have outbuildings? Homeowners have rights to build outbuildings without planning permission. Why would I consider a Mobile Home?

Many homeowners are familiar with the ‘Permitted Development Right’ to have sheds and other outbuildings in a garden without the need for planning approval (The Town and Country Planning General Permitted Development Order 2008) . However, the development rights for outbuildings don’t allow living accommodation and a structure with a kitchen and bathroom is not allowed.

habitatmobilehomes.com - Mobiles Homes in Gardens - Habitat Mobile Homes Ltd