Author Topic: The dreaded Planning department - advice please!!  (Read 3739 times)

bizzielizzie66

  • Joined Apr 2013
  • Kent
The dreaded Planning department - advice please!!
« on: April 22, 2013, 06:19:14 pm »
Our field is 20 mins from our house, so just before our 3 ewes were due to lamb, we moved a 2 berth caravan onto the field so one of us could be around at night if lambing looked imminent - our 3 Ryeland ewes were first time lambers and so were we!  The caravan proved a god send as we did have some problems with which needed keeping an eye on. We now have 3 lambs thankfully - 2 of which wouldn't be around if we hadn't been there.

Today at my lunchtime lamb checking visit I found a note from the local planning department wanting a site visit! I left a message on his ansaphone and said that the caravan was the modern equivalent of a shepherds hut, that no doubt he had noticed the lambs, that with a family of four and a perfectly good house we were not living, or intending to live in a 2 berth caravan.

It is my understanding that if we wanted to, we could sleep in the caravan for 28 days of the year - and that we don't need planning permission to have the caravan in our own field.  Am I right? I just wanted to be armed with the right information when I speak to him tomorrow.  Anyone up to speed with the planners?

Keeper of Ryelands (learner) , Geese, Bantams, Chickens, Ducks , Horses & Cattle.  Animal Feed Merchant by day & BSc Agriculture graduate of yore :)

FiB

  • Joined Sep 2011
  • Bala, North Wales
    • Facebook
Re: The dreaded Planning department - advice please!!
« Reply #1 on: April 22, 2013, 06:25:40 pm »
not a planner - but i think you are right - there is a 28 day rule. and I'm sure they will be happy if you are able to show what you are using it for - they might want you to move it - but thats fine isnt it.  And back again for next year! Good luck and hope a planner is along soon (btw there are a few planning officers on the money saving expert forum who are very helpful) Fi xx

lachlanandmarcus

  • Joined Aug 2010
  • Aberdeenshire
Re: The dreaded Planning department - advice please!!
« Reply #2 on: April 22, 2013, 06:35:11 pm »
There is an allowance for a mobile caravan to be sited temporarily on agricultural land where essential for seasonal work which includes lambing.


There may be some issues tho which the council might raise which would probably include the following


Three sheep may not be held to justify invoking that exemption, as although you might say numbers don't matter where welfare is concerned, it is normally only used for large flocks where essentially a lambing stockman is working pretty much through the night lambing the ewes. Since sheep tend to lamb at dawn or a bit before and your house isn't far, they might say that it would be reasonable to get up early to check on 3 sheep.


Not saying I agree with that or dont agree with it, just second guessing them.


But they might just want you to provide them with the info that you have, so that they don't get it used as a precedent by other people, ie so they can point to the reasons why this is different to the normal rules.


In terms of you occupying it, the planning aspect rests on the usage and  occupation ie you cant have any permanent occupation without planning permission. What qualifies as temporary would be defined by case law and also local council policies but 28 days is often used as a definition ie it has to be moved before the end of 28 days and sometimes not returned to the same location within 28 days.



Not a planner but have a caravan on a farm :-)

Tala Orchard

  • Joined Nov 2012
  • North Cornwall
    • Tala Orchard
Re: The dreaded Planning department - advice please!!
« Reply #3 on: April 22, 2013, 07:18:28 pm »
Just as a matter of interest your field being 20 mins from you home I would have thought you could use The Health and Safety at Work Act 1974, for under para 10 of schedule 3, which requires you to have toilet facilities etc, also Welfare at Work, below are the relevant links for you.

www.legislation.gov.uk/ukpga/1974/37/schedule/3
and
www.hse.gov.uk/pubns/indg293.pdf

Further to the use of the caravan you can use the caravan on your land for any single period of 28days in any 12mths, alternatively for weekends ie 14 of them in any one year. however at the end of the 28 days the caravan must be removed and at the end of each weekend or what ever period you use it.

You cannot use the land to store the caravan on without planning consent and probably a change of use also would be required.


Hope this is of help


Tala
« Last Edit: April 22, 2013, 07:21:23 pm by Tala Orchard »
Pigs are human tooo

Re: The dreaded Planning department - advice please!!
« Reply #4 on: April 22, 2013, 08:01:07 pm »
More to the point who complained about the caravan?

IThink it unlikely the planners would bother or even know otherwise
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bizzielizzie66

  • Joined Apr 2013
  • Kent
Re: The dreaded Planning department - advice please!!
« Reply #5 on: April 22, 2013, 09:50:24 pm »
Thank you for your help everybody - I will bear in mind all the things you have said when I  talk to him tomorrow.

As to who complained about the caravan - well, we have a good idea....Some posh old buffer down the lane thinks we're lowering the tone I suspect  ;)

Thanks again  :thumbsup:
Keeper of Ryelands (learner) , Geese, Bantams, Chickens, Ducks , Horses & Cattle.  Animal Feed Merchant by day & BSc Agriculture graduate of yore :)

 

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