[lachlanandmarcus]

Im surprised you are having polytunnel issues Katie given recent court rulings that effectively allow farmers to cover their farm in them. Is it cos it's in your garden you are having issues with neighbours or is it in an agric field? Are you in an AONB, national park, conservation area or anything?

[katie]

It's in an agricultural field on a registered smallholding with planning permission for a mobile home because of an agricultural business.You wouldn't think it would be difficult, would you?

[pgkevet]

It's in an agricultural field on a registered smallholding with planning permission for a mobile home because of an agricultural business.You wouldn't think it would be difficult, would you?

Under what legislation are they claiming you need planning?

[katie]

It's all to do with the SA ruling - the strawberry firm who put up loads of polytunnels in Herefordshire a few years back. This led to many Councils having a rethink on tunnels and for many you now need planning permission. We are in a bad position as we have slightly under the 5 hectares needed to avoid ordinary planning ...and we have horrible neighbours who raise a hue and cry whenever we try and do anything.

[pgkevet]

It's all to do with the SA ruling - the strawberry firm who put up loads of polytunnels in Herefordshire a few years back. This led to many Councils having a rethink on tunnels and for many you now need planning permission. We are in a bad position as we have slightly under the 5 hectares needed to avoid ordinary planning ...and we have horrible neighbours who raise a hue and cry whenever we try and do anything.

The 5 hectares. But that made me go digging more on rejected polytunnel permissions... quite interesting when superficial inspection of the rules on permitted dev makes ya think it's straightforward...

[katie]

Ha! We've employed a planning agent because we knew we would have problems. He told me that when I warned him, he thought'A polytunnel? How difficult can it be?' Now he's beginning to get the picture.....

[doganjo]

I have a fruit cage made from spare panels after making my dog runs.  I was given some sheet plastic, and was intending attaching it to the dog runs to give me some sort of greenhouse effect.  But I won't do it if it means I've to get those twats from the Council to give me permission to me do it by paying them some of my pension.

[waterhouse]

Well I'm in favour of planning: just can't stand the planners.

I visited a neighbouring farmer yesterday. Hadn't been there for a while and it suddenly struck me that he was now operating a business park which had a small farm attached.   Almost every outbuilding was an office and there were over forty cars parked there.

I didn't think that was what the green belt intended.

[asktheplanner]

Well I'm in favour of planning: just can't stand the planners.

Love this quote!  Planning permission is generally required for the siting of a static caravan.
The legal definition of a “Caravan” is “any structure designed or adapted for human habitation which is capable of being moved from one place to another whether by being towed or by being transported on a motor vehicle or trailer”. A static caravan which cannot be towed would not normally fall into this exemption and would normally need planning permission.

You could try and demonstrate  "Incidental use within the curtilage" to get around this.

What this means is that if a mobile home is sited within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house, it is unlikely to require planning approval. You should take site-specific advice on what defines your curtilage. The mobile home must also be used for a purpose “incidental to the enjoyment of the dwelling-house”, that is in addition to the use of the house, but not as somebody's separate dwelling. You may use a static caravan as a granny annex for example, but it must not become somebody's "only or main residence". There must remain a relationship between the caravan and the house, so, for example, meals could be eaten in the house. The static caravan should be used simply in the manner of an extra room/bedroom.

I have clients living in temporary accommodation (caravans) until planning can be persuaded to grant them a permanent home (dependent on business viability).  I have also represented members of the travelling community.  Planning legislation is always open to local interpretation and enforcement action is entirely discretionary.

[katie]

But surely static caravans can be towed or moved on a trailer? Ours was towed into position and you often see them moving slowly along on a huge truck.

[robert waddell]

you have just said STATIC it canot be both        as i have said before on other subjects it is the wording
asktheplanner will certainly be busy on this forum

[katie]

I'm confused now. We have a mobile home - I thought that was also called a 'static' as you don't tour around in it but it can be moved. If this is not a 'ststic' what is?

[shearling]

Hi asktheplanner you could end up with your own portion of the site  . Glad you joined us and not just guesting. It makes it feel like a real community -no matter how far or near geographically or philosophically apart we might be.

[bazzais]

The word 'static' when referring to a caravan just gives you an indication of its size rather than anything else.

Planning law is essentially that - law - if you can talk the talk and you walk the walk its somewhat easier to get by.  If you want to build something or anyone you know wants to build something and your a planner as well then your onto the golden pathway to build anything you want, where you want it and without the added hassle of any legitimate objectors.

No planning authority wants to lose thousands in court, they normally just refuse and hope that you dont have the capital and knowledge to look up pre-set presidents under the law that they are supposed to be operating under and go-on to win the case. Most the time they will back down if you know the guff, I would think that especially the case as their funds dwindle over the near future.

- The key I would use is dont build anything you cant afford to take down - and build it without planning. 

Unless I'm sure I'll get planning for anything I won't bother applying for anything in the future.

I think that asktheplanner should stay a while and answer a few questions as (thanks) thats a pretty comprehensive answer.

If the OP wants more info I'd suggest http://www.fieldtofarm.com/forum/ where they have extensive info on the subject (although its a pretty boring forum for chatting unlike this awesome forum

Baz

[lachlanandmarcus]

Normally a static still does have wheels so it can be towed to get it from the closest access point at the site to its final position, and can be jiggled around to get it in place. But the difference is that a static generally cant be just towed safely behind a vehicle, it is designed to be primarily carried in on the back of a low loader. Some require police notification as they exceed normal load width limits for road lanes. Many are designed to be connected up to on site electricity and drainage services

A tourer on the other hand is designed to happily be towed around the country and could do so ad infinitum. Its usually a good bit smaller, particularly on the width dimensions, and can legally be towed by a large car. Many will be able to connect to on site electricity but most would have something for drainage like a cassette or chemical loo.