Mobile Home (Static Caravan) 10 Year Rule Advice

[Invisible-Man]

Hi all,

I have lived at a run down property site for over 10 years in a static caravan which was brought onto site at that time, the main property on the site has never been lived in as in need of renovation.......

I know that the static caravan should be allowed on site with no planning as its within the curtilage of the main property, providing that it is not used independently as a dwelling........

My question is that, as I have lived in the static caravan (mobile home) for over 10 years independently of the main dwelling which has had no occupation in the 10+ years, am I within my rights to apply for a Lawful Development Certificate in order to keep this static caravan as a completely independent unit of occupation?

In addition, if this being the case, I assume would allow replacement in the future of the mobile home up to the max allowed dimensions of 60' x 20'?

Appreciate your feedback,

Many thanks

 

[mattylad]

Who said that?

 

[^woody^]

At the moment, the caravan is ancillary to the main house - ie used while renovation is in progress.

This does not mean that it has or can become a permanent independent unit via the 4/10 year rule

So you can not apply for a CLD on that basis

 

[Invisible-Man]

At the moment, the caravan is ancillary to the main house - ie used while renovation is in progress.

This does not mean that it has or can become a permanent independent unit via the 4/10 year rule

So you can not apply for a CLD on that basis

Hi Woody.........

Please correct me if I am wrong, but my understanding was that the situation as you describe would only be the case, if one of the occupants of the mobile home were actively working on the property renovation......but the renovation progress had not even started...

Thanks

 

[^woody^]

You would need to convince the planners that the caravan was bought onto the site solely for use as an independent accommodation and nothing at all to do with the renovation.

This would be difficult to prove/believe on balance of probabillities

 

[markbrick1]

just tell the truth about you living eating and sleeping in the van for over 10 yrs and go for a certificate,
sounds like the house wasnt being lived in and its in a bad way so you never know you might have 2 dwellings now,

 

[Invisible-Man]

just tell the truth about you living eating and sleeping in the van for over 10 yrs and go for a certificate,
sounds like the house wasn't being lived in and its in a bad way so you never know you might have 2 dwellings now,

It was originally tax banded right from the beginning as a separate unit from the main dwelling (good proof of existence), most mail is also addressed to us at "mobile home at -----------" rather than the property itself!

Thanks

 

[^woody^]

If you have got specific evidence that the caravan was always intended to be lived in and nothing to do with the adjacent property then that would support an application for a CLD.

But tax banding (because that is where someone is living) and postage "To the Caravan" probably does not amount to much evidence that the caravan was always going to be used for a home irrespective of what went on with the main property. Both those would be normal for this situation

Have a go and post back the outcome. But once you have alerted the planners then that's it

 

[Invisible-Man]

If you have got specific evidence that the caravan was always intended to be lived in and nothing to do with the adjacent property then that would support an application for a CLD.

But tax banding (because that is where someone is living) and postage "To the Caravan" probably does not amount to much evidence that the caravan was always going to be used for a home irrespective of what went on with the main property. Both those would be normal for this situation

Have a go and post back the outcome. But once you have alerted the planners then that's it

Thanks woody....

Yes, this is it.......do you give it a go. or carry on as you are and in turn strengthen your case for the future !!!

 

[this.littel.piggy]

hi Invisible-Man, I would be very interested in how this all went for you thanks