Background

A replacement caravan in a garden led to the possibility of planning enforcement action for our clients in Eryri National Park. The caravan had replaced an older static caravan that had stood within the garden of their home for many years and was ancillary to the use of their main residence.

The planning authority initially considered that the structure did not meet the legal definition of a caravan and did not qualify under the householder permitted development provisions. The planning authority advised our clients that they should apply for planning permission, with the possibility of formal enforcement action if the matter was not addressed.

Baileys and Partners were instructed to review the position and take over communication with the planning enforcement officer.

Approach

As part of our research, we identified a recent Planning Inspectorate decision about a proposed twin-unit mobile home in Windsor. The appeal considered in that instance whether the proposed structure was a caravan or a building requiring planning permission.

The Inspector considered three principal tests:

– Size – whether the structure fell within the statutory maximum dimensions.

– Construction – whether it comprised no more than two separately constructed sections designed to be assembled together.

– Mobility – whether the completed structure was physically capable of being moved from one place to another.

The Inspector found that the proposed mobile home met all three tests. Of particular relevance was the conclusion that there was no statutory requirement for the two sections to be constructed away from the site. Detailed evidence also showed that the structure could be lifted and moved without structural damage.

Appeal decisions depend on their individual facts and do not automatically determine the outcome for another property. However, this recent decision provided relevant and timely guidance when assessing our clients’ caravan.

Referring to another appeal was only part of the work required. We assembled evidence relating specifically to the caravan, including:

– its dimensions;

– drawings identifying how it could be divided into two sections;

– photographs of its construction and the split line;

– information showing how it could be lifted and transported;

– details of the existing concrete base; and

– confirmation of how the caravan was occupied and connected with the main house.

We explained that the caravan remained functionally linked to the main house. This evidence enabled the planning officer to assess both the physical character of the structure and the nature of its use.

Outcome

After considering the appeal decision and the additional evidence, Eryri National Park Authority concluded, on the balance of probabilities, that the structure qualified as a caravan.

The authority also accepted that its occupation was ancillary to the main residence and did not create a separate residential planning unit. It therefore concluded that there was no breach of planning control and closed the enforcement investigation. Our clients did not need to submit the planning application that had previously been requested.

The result avoided the cost and uncertainty of a planning application and gave the clients clarity about their position.

How Baileys and Partners can help

Planning enforcement correspondence can be worrying, but an authority’s initial view is not necessarily the end of the matter. The precise facts, the quality of the supporting evidence and relevant planning decisions can all affect the outcome.

Baileys and Partners assists landowners and property owners with enforcement investigations, lawful development issues, rural development and diversification proposals. We can review the planning history, research relevant decisions, assemble supporting evidence and liaise with the planning authority on your behalf.

If you have received an enforcement letter or are uncertain whether a structure or use requires planning permission, contact our planning team at an early stage.

 

Project type

Land and property

Client

Private residential property owners

Timescale

Autumn 2025 to Spring 2026

Location

Eryri, North Wales

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