Planning Permission

As mentioned previously for a Park Home to be classed as residential there must be planning permission. There are a number of owned caravan sites that allow residential living but do not have the appropiate licence to do so. Set out below are a number of points on this subject

Planning permission

Planning permission is required for any material change in the use of land (subject to exceptions). The parking of a mobile home on land is normally treated as a change of use of land. Planning permission is deemed to be granted for certain temporary or occasional uses of land for the siting of mobile homes, and the uses designated are those for which a site licence is not required (see above).

If there is a breach of planning permission, the local planning authority may serve an enforcement notice, and failure to comply with a notice is punishable by a fine. The local planning authority must serve the enforcement notice on the site owner and occupier, and the occupier or site owner can appeal the notice. The local planning authority has the power to enter on to land in cases of non-compliance and is able to remove mobile homes constituting an unauthorised mobile home site.[3]

[1] paras 1-11a Sch.1 Caravan Sites and Control of Development Act 1960.

[2] s.5(1)(a) Caravan Sites and Control of Development Act 1960.

[3] Midlothian DC v Stevenson [1985] (unreported).