Mobile Home

[zaffy]

A couple of years ago, we bought a house with some land. On it is a large dilapidated mobile home and not fit for purpose, which was put there by the previous owners, with permission from the council, to live in until the house was built.
This was about 15 - 20 years ago. So house was built but mobile home remained.
Yearly, I receive an exempt council tax bill and also a census form relating to the said mobile home, which must mean the council are aware that the mobile home is still in situ.
I asked for a quote from a builder to repair it. The quote was just under £50K, so not a viable option when a new one costs less than that. I also recently saw an add for the exact same model in reasonable condition for £2K.
My next thought is to replace it with the a portable cabin or have a wooden liveable shed built. The purpose would be for family and friends to stay when visiting.
What are the legal requirements? Is there a possibility I will be granted permission from the council? Where do I start?
Thanks

[atticus]

A starting point will be to check the exact terms of the existing planning permission, to see whether what you wish to do can be done without the need to make a new planning application.

[Tofros]

Mobile Homes ( provided they meet the technical definition of a Caravan) can be sited within residential curtilage - the rules are in the Caravan Sites and Control of Development Act 1960. If you Google mobile homes permitted development some useful info and guides pop up. There’s a useful digest on the happy nest homes.co.Uk website, but there’s plenty of other info available. Some garden cabins may even meet the definition if the are constructed offsite and wheeled or craned in to place. Your local council may even have info on their website.

[Tofros]

If it is outside the residential curtilage you would need permission, which should be helped by it being a like for like replacement. If this is the case, do not demolish or remove the caravan in advance of getting a new permission.Even if the previous permission was temporary, the mobile home would most likely have become lawful through lapse of time since it’s permission ran out, so that should not be a reason to refuse.

[zaffy]

If it is outside the residential curtilage.

Thank you. I have just researched 'curtilage,' but non-the-wiser for it. The house is attached to 18 acres of undulating soggy land. The house and small garden is raised and the rest of the land falls away. There are old dairy barns to the side of the house. The mobile home is outside the fenced off garden. If I move or remove the rickety garden fence, then will the mobile home be inside the curtilage? Nothing seems defined in the curtilage explanations. Is it an advantage or a disadvantage to be inside or outside the curtilage?

[Tofros]

Firstly, if your house was newly built on undeveloped land, the planning permission would have granted permission for a change of use from whatever it was (presumably agricultural) to residential as well as for the necessary building operations The change of use would not have applied to the whole landholding but only the area outlined in a solid red line on the plans approved. You should be able to find the original planning permission and related documents on the website of your local planning authority. If this is the same as your enclosed garden then the mobile home will be outside the curtilage, but do check the plans.

In the case of homes with large gardens and the whole plot is in lawful residential use curtilage can be smaller than the garden. Curtilage is a matter of fact and degree at the time assessed so can change over time. Martin Goodalls planning blog has some good info on the subject. Do you use and have you used any land outside your enclosed garden for residential purposes for more than 10 years, eg do you use the dairy buildings as a garage.?? It may be there has been a change of use by unchallenged long-standing domestic use of land outside your enclosed garden, but you would need to be sure of that. Sounds like you would probably need PP.

[zaffy]

Do you use and have you used any land outside your enclosed garden for residential purposes for more than 10 years, eg do you use the dairy buildings as a garage.?? It may be there has been a change of use by unchallenged long-standing domestic use of land outside your enclosed garden, but you would need to be sure of that. Sounds like you would probably need PP.

I bought the property about 5 years ago. A couple of the barn/stables contain my excess belongings.
The whole of the area was once a dairy farm and then was split into three plots. On this plot a house was built and permission granted for a livery business, and the old dairy barns were converted to stables.
The temporary mobile home, which the family lived in whilst the house was built was sited away from where the house was going to be built and away from the barns.
I am not sure if the old barn/stables have relevance to the mobile home.
One last thing. After the house was finished, the family moved into the house but then moved back into the mobile home and let the house, but when the council realised this, they disallowed it and the family moved back into the house but the mobile home still remained. I bought the property about 5 years ago and the mobile home is now not fit for any purpose and would cost far more than it is worth to repair. As I said in my earlier post, the council are aware the mobile home has not been removed because I receive correspondence from them referring to it. As the mobile home is beyond repair, I was hoping to replace it with a portable cabin. It seems I will have to contact council for Planning Permission.