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Family Win Planning Appeal To Keep Mobile Log Cabin |
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A bottle of champagne marked the celebrations as a family finally won a long two and a half year battle with Melton council over whether their self-built log cabin was indeed mobile.
The cabin was completed and the family moved in during 2007, Melton council then ordered that the unit wasn't mobile, needed full planning permission and should be removed. Showing fighting spirit the family insisted that the cabin could in fact be moved and should therefore be classed as a caravan under the Mobile Homes Act (1983).
After a long and protracted battle culminating in an appeal held by Government Inspector David Hainsworth, they finally got the news they had been waiting for, their home was indeed classed as a caravan as statutorily defined, so bring on the bubbly!!! |
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In a report Mr. Hainsworth said "As a matter of fact and degree, I consider the accommodation to be capable of being moved within the statutory definition. Since it complies in all other respects with the requirements of the definition, I find it to be a caravan as statutorily defined"
The case has highlighted the importance of making sure that any structure you wish to build is within the currently defined regulations. Here at Rural Log Cabins we have been helping and advising people on the intricacies of the planning rules and regulations for many years, in the Additional Information section of this website we publish many information sheets relating to these complex planning rules.
Planning Information Sheet 4 (Smallholding) was produced with the intention of instructing people how best to go about preparing their planning application for success and full approval, below are some of our keys tips.
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 Download Planning
Information
Sheet 4 |
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If you intend to construct a building in which to live on your smallholding it is best to improve your chances of success by showing a special case, this could be for instance, to propose embarking on a modest business which is in some way tied to the land and provides a modest income for at least one person. The type of business can vary, liveries, riding schools for the disabled, fisheries, blacksmiths etc. The list is almost endless but our advice is to find something your are good at and committed to and then once you do this you must carry it through.
Unless your business is already very well established it is likely that your Local Authority will in granting any permission, stipulate a temporary building be used i.e. a static caravan or transportable home. Our Transportable Homes are a mainstay of our domestic business. Essentially they are very similar to our normal Log & Timber Frame Homes but with the addition of a metal chassis and incorporate the design features which allow them to be transportable when necessary. Externally our Transportable Homes look almost indentical to our other homes and of course are available in the same range of designs or if your prefer you can design your own (within the size constraints of the current regulations) |
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When a customer requires our help we do everything we can to put over the case in the best possible light, and so you need to give any and all relevant information. Because human decision making is present at all points throughout the process there can be some surprising and unpredictable decisions arrived at. If you do decide to go ahead then please be aware that it will NOT be a rapid process, Planning Information Sheet 1 give some idea of the mechanics of the process and if you are refused then you will usually have grounds to appeal. |
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Appeals have a relatively high success rate, however they can take upto 18 months or so, typical cost is around £7000 for a one day hearing which is the usual amount of time for this type of case. We have copies of many appeals which we will reference to find on relevant to your case and we constantly keep our records upto date with the latest decisions and regulations.
A note of caution, please do not assume that you can simply build on your land and then appeal should your local authority inform you that you needed planning permission before you started construction, we always advise our customers to seek planning permission first where we believe it's necessary.
If you plan properly and take the correct advice you too could have a home built on your own land for you to live in. If you require any further information or advice, please get in touch with us using the details on the Contact Us page of this website.
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