Durrants’ Jasmine Philpott, Senior Planner and Development Surveyor, comments on the most frequently asked planning questions, offering practical advice to landowners and homeowners.
I’ve opted for a slightly different approach to the column this month. Rather than share my thoughts on the implications of wider political changes on the local development landscape, I thought I would share 6 of the most frequently asked planning questions I get as a planner, and attempt some relatively straightforward answers.
Do I need planning permission…
1…to put a static caravan on my land?
It depends on the use of the land and the caravan. If the land is residential garden land, caravans can be placed in the garden without planning permission if they are used for purposes ‘incidental to the enjoyment of the main dwelling’. If it is to be used as an annexe for example, it will need planning permission.
For agricultural and equestrian land, planning permission is generally needed to place a static caravan. There are permitted development rights for temporary structures, but these are for temporary uses, such as construction work or a one-off event.
2…to paint my house?
Unless it is listed, no. Technically painting a listed building requires Listed Building Consent, but normally an informal exchange of emails with the local Council will suffice.
3…to host an event on my land?
Land can be used for pretty much anything as long as it is for less than 28 days per calendar year. If you are holding a market or a motor event (including practise days), it is a maximum of 14 days per calendar year. The event cannot be within a building or the curtilage (vicinity) of a building, and cannot be within a Site of Special Scientific Interest if the event is for motorsport, clay pigeon shooting or war games. Camping is also prohibited, unless it is in connection with a festival.
However, a separate part of legislation allows for recreational camping without planning permission for up to 50 pitches and any moveable structure reasonably necessary for the campsite for up to 60 calendar days per year. Planning permission is not needed, but you do need to notify the local authority.
4…to create a new vehicular access?
Yes, if it is an entirely new access. You will also normally need a Dropped Kerb licence from the county highways authority. If you have an existing access that needs to be improved or formalised, you may only need the Dropped Kerb licence and not planning permission, but it depends on the circumstances.
5… to demolish a house and replace it with more dwellings?
This depends on the relevant local authority’s policy on replacement dwellings. Replacing existing dwellings is usually not contentious, providing the replacement is similar in scale to the original dwelling, but increasing the number of dwellings can be an issue, especially in a rural area.
6…to build an agricultural barn?
If your agricultural unit extends to more than 5 hectares (12.4 acres), you should be able to build an agricultural barn under permitted development rights, meaning you can avoid a full planning application. However, a Prior Approval application (a mini planning application) is still required, and be aware that if you go ahead without seeking prior approval first, it cannot be obtained retrospectively, so you will have to apply for retrospective planning permission. Agricultural barns are usually subject to CIL as well, so think carefully before going ahead! If your unit is less than 5 hectares, you will need full planning permission. There are also restrictions in relation to the use of the building and its proximity to dwellings which should be considered.
This article was first published in the Diss Express.
