I don’t think I have properly understood this question. In answer to the query from Lee Crawford Studio (28 April): So far as the drop kerb and pavement cross-over is concerned, these works presumably fell outside the residential planning unit and affected only the public highway. Tariffs ‍ Unpowered site - Off peak: $16.00 flat rate per night - Peak: $18.00 flat rate per night. There is no other guidance on the point of which I am aware.As to what constitutes an interruption in the continuity of the use so as to stop time running under the 4-year rule, and to re-set the clock at zero, this is very much a matter of fact and degree in each case. It has been continuously let for holiday rentals for the last 5 years – via an agent so easy to prove. Again, enforcement action can be taken outside the 4-year period in the circumstances described above (concealment, deceit or deception, etc.)]. An unauthorised dwelling (as opposed to a change of use to a dwelling) does not become immune until 10 years has elapsed, but the operations would be lawful after 4 years. So in 2009 a new planning enforcement came to my house and said I must cease use of the bungalow but after I showed him the letter from the council he backed off and admitted trying to stop me from from reaching 4 years. Does the four (or 10) year rule apply in this case? I had planning permission but on recent examination the finished works were not precisely the same as the works submitted at planning (there is a difference in the agreed design of the roof, though no difference in total area). Can they apply it retrospectively like this? Numerous ancient African civilisations settled in the region that is known today as Nigeria, such as the Kingdom of Nri, the Benin Empire, and the Oyo Empire. If the property really is a single private dwelling within Use Class C3, why would you want a CLEUD? 1 weather … If the former 1) is the case, would the development not be subject to the planning permission regime and limits or any other alternative regime? The answer to my simple question re the 4 year rule may be hidden in other comments and your responses, but here goes. In answer to the latest Anonymous query (18/02/14), it depends whether the building could already be classed as a ‘dwellinghouse’ when permanent residential occupation commenced. Which is the best Club Med ski resort in Europe? However, PINS have just accepted the appeal against the refusal to grant the CLEUD (presumably on the basis that at the time of the application there was no EN in force). The condition requiring approval of materials would be subject to the 10-year rule, unless it could be argued that the condition "went to the heart of the permission", in which case the entire development would arguably have been unlawful, and would now be immune from enforcement under 4-year rule.In any event, the Council’s failure to approve the samples that were submitted for approval must put them in a very difficult position in relation to enforcement. In answer to Helen Green, “It depends.” One could really only advise properly on this question in response to full professional instructions, because the detailed facts and circumstances will need to be carefully considered in order to reach a definitive answer. Best caravan holiday parks near Leeds and York, Best caravan holiday parks near Liverpool, Best caravan holiday parks near Manchester, Stockport, Oldham and Bolton, Best caravan holiday parks near Newcastle and Sunderland, Best caravan holiday parks near Birmingham, Best caravan holiday parks near Bristol and Bath, Best caravan holiday parks near Nottingham and Derby, Best caravan holiday parks near Cardiff and Swansea, Best caravan holiday parks near Edinburgh and Glasgow, 5 best adults and couples holiday park lodges, 10 best caravan holiday parks with fishing lakes. If on the other hand, a formal Enforcement Notice has been served under section 172 of the 1990 Act, then it is vital that an appeal be lodged with the Planning Inspectorate before the date when it is due to take effect. If any operational development is carried out without planning permission when it needed it, the 4-year rule applies. The Article 4 Direction cannot prevent the operation of the 4-year rule. Even if it could be argued that the caravan is a structure (see the Woolley Chickens case) it seems that it would be the 10-year rule rather than the 4-year rule that applies (see R (Mid Suffolk DC) v. MartinHas there been any further development regarding the advice you gave on 13 September 2012 regarding live/work units? would be of no effect in relation to the 4-year rule. In response to Happyman (23/6/14) - The change of use of the land (stationing of the caravan) would be subject to the 10-year rule. The query raised by Mark (17 September) is not a planning issue. A timely appeal under section 174 of the 1990 Act is the only way that the matter can be resolved, once an enforcement notice has been issued and served.If the enforcement notice has already taken effect (i.e. We have now been sent an enforcement order requesting retrospective planning or removal as no planning has ever been sought but does this arena come under the 4 year or 10 year rule? The committee and I wish you all a very Merry Christmas and a Happy New year, we look forward to seeing you all next year. This popular and widely read blog acts as a Legal Commentary on issues affecting Town & Country Planning including recent changes in planning legislation and judicial rulings in planning cases, as well as some thoughts on other issues arising in the course of my work as a Planning Lawyer. At the beginning of my comment above "lawful" should of course read as "UNlawful"! Even a caravan tyre never driven on will deteriorate over time. With touring caravan pitches across 30 holiday parks in 11 stunning regions, you’ll be spoilt for choice when it comes to places to pitch up – whether you’re bringing a touring caravan, motorhome, campervan or trailer tent. )If in practice there is no control over the land required for the visibility splay, the best course might to be apply under section 73 to have the condition removed. Minehead, Skegness or Bognor? Which is the best Center Parcs in Belgium? Yet another great piece of information published on Caravan Chronicles for which I thank you. You mention a few ways, but is there more of a definitive list? Which Center Parcs is the best in Germany? As I pointed out in paragraph 19.8.2 of my recent book, The Essential Guide to the Use of Land and Buildings under the Planning Acts, it has long been established that lawful use rights will be lost if an enforce¬ment notice is served and the existing use rights are not then raised as a ground of appeal. The Motor Caravan Club of Ireland is 37 years in existence, it was formed in 1983 to act as a forum for those like minded people who are interested in the pursuit of the Motorized caravan. The problem i now have with the Welywn judgement is the comment about the 4 year rule and whether there has been a 'material' change of use.A local authority near me are not issuing lawful certificates for new dwellings as opposed to change of use of an existing building to a dwelling. LPA is Cambridge City Council. They have also stated that they would be unlikely to grant permission. In that case, the 10-year rule would apply.The position is unaffected by planting of the hedge and its subsequent lack of maintenance, although that in itself could be the subject of complaint under other legislation. I have several acres of land on which there is a 1930's house, last occupied in the 1960's. In fact, I don't even know if it is used at all- the one running up the side of the building is newer and larger so this may be the one they use.I have searched for historical planning permission applications. Martin - In relation to your answer above which was: 'In answer to ‘futureweb’ (4 May), it is essential that an appeal against the enforcement notice should reach the Planning Inspectorate before the date on which the notice takes effect, failing which this notice must be complied with, irrespective of what arguments there could have been or might have been as to the lawfulness of the use. So my question is can I register the bungalow as a separate dwelling without any problems from the council? Hi Martin,Thank you for your continued contribution of information to your blog.We have a garage that has been converted to an annex. It is fairly secluded, but not completely hidden.I would like to reinstate it as a dwelling, and move in.I have sought some advice locally. 5 best holiday parks near Disneyland Paris, 5 best holiday parks near Alton Towers and CBeebies Land, 5 best holiday parks near Legoland Windsor, 5 best holiday parks near Peppa Pig World, 3 best holiday parks near Thorpe Park theme park, Best Center Parcs Europe in France, Germany, Netherlands and Belgium, Center Parcs Europe - the simple trick to save money on your booking. In answer to John (3 April 2017), the 4-year rule is not dependent on the location of the site, and is not excluded by any planning designation applying to the site **. Powered site - Off peak: $26.00 flat rate per night - Peak: $30.00 flat rate per night. There are rolling hills at Manleigh Park in North Devon... ...and the caravans get very good reviews from visitors. In answer to the anonymous query of 29 April, if the enquirer is concerned about a possible breach of planning control, they should alert the planning enforcement officer to the position, so that it can be properly investigated. I would be grateful to be reminded of any such authority if any exists.There does seem to me, however, to be another difficulty in this case. Does the 4 year rule still apply in such circumstances?Many thanks. So a breach of condition resulting in the live-work unit becoming a single private dwelling ought in principle to be covered by the rule in Arun. He was granted permission and the work is almost complete, but he has in fact built a self contained flat with kitchen, toilet/shower and bedroom. I have been reading your long and well-considered posts about "the need for continuity", yet I wonder if there has ever been a legal definition of "continuous use" or what length of gap 'resets the clock'? Am I able to make use of the 4 year rule?Would this be the same for a porch that was built without planning permission 4 years ago?Thanks. The basic test that has to be passed is set down in Gravesham B.C. My partner had some decking built in her back garden over 5 years ago ... this is slightly higher than the 30cm rule allowed ( she did not realise that she needed planning permission) ... her neighbor is now threatening to report her to the planning authorities regarding this.Does anyone know if this would be within the 4 year rule ( there have been no complaints about it until now ) Thank you. Hi Martin,Thanks for such an excellent blog.I am confused about whether the 4 or 10 year rule applies to commercial property (I notice that the term 'dwelling' is used.I am hoping to buy a flat (leasehold) above a restaurant. I am afraid I cannot agree with Chris Sampson that it is the 4-year rule that would apply here. Could you help me with a query on the 4 year rule, when does the clock start ticking, is it when the coucil are aware of the change of use or the date of the application is submitted. I have tried for planning, but the council say as it is in a flood plain then it will never be granted, despite the fact that it is 4m above the river and never been flooded in living memory. However, the decision of the Court of Appeal in Arun DC v. FSS [2006] EWCA Civ 1172 is authority for the proposition that if any breach of planning control results in a change of use to use as a single private dwellinghouse then it is the 4-year rule that applies. Where an enforcement notice is served, any existing use rights must be asserted in an appeal against the enforcement notice under section 174 (even if they have been certified in an LDC). Which Center Parcs is the best in the UK? FREE delivery (0,01 € for books) in point withdrawal. Section 285(1) prohibits any such course being adopted.I do not therefore see what useful purpose would be served by the current LDC appeal. The answer to the anonymous query dated 09/02/14 can be found in the lengthy 5-part article on “Breaches of planning control – the need for continuity” published in the blog a few weeks ago, in particular Part 3, posted on 23 January.The relevant statutory wording is contained in section 171B(2) of the 190 Act, but its interpretation depends on various judgments, and in particular the decision in Swale. I had done an extension of my kitchen more than 4 years ago without any planning permission. Subject to proving that the erection of the conservatory was substantially completed more than four years ago, it would appear (on the basis of the brief summary of the facts given) that it should now be immune from enforcement , and therefore lawful, under the 4-year rule. Could you please point me to the bit of the Act, or subsequent circulars, where the concept of "continuous use" is introduced? 10 best Germany caravan holiday park resorts, 10 best Netherlands and Holland caravan holiday park resorts. Stationing a houseboat on the water would constitute a material change of use of the land. As such, the agreement of the Highway Authority to those works was sufficient in itself.However, the formation of an access to the highway (quite apart from the highway works themselves) might have required planning permission. So it seems to me that if use as a dwelling has continued for at least 4 years, then it would be difficult to argue that section 171B(2) does not apply. We have now applied for a certificate of lawfulness, the council are telling us to move our horses off the land by the 14th if we do so will we loose our right to a certificate of lawfulness? ** The 4-year rule applies only in respect of development carried out without planning permission. Would this qualify for separate dwelling status? August 2021 from £749, Easter from £299, term time holidays from £99. The preclusive provisions of section 285 would seem to prevent any reliance now being claimed in respect of the alleged lawfulness of the previous use or development, following the coming into effect of the enforcement notice [although this assumes that the EN relates to the same development or use]. We bought a property 4 years ago with a small equestrian arena in place that has always been used, we understood all permissions were in place. In answer (rather belatedly) to "Bad Cricketer (3 September), an Article 4 Direction simply removes PD rights. So far as concerns an enforcement notice being “then in force”, it seems to me that this must refer to the date of the LDC application (although I cannot recall offhand any relevant judicial authority on this point. If so we have one year left to make a complaint. We have been renting it out continuously for 5 years as a holiday let. There is no mention of this on the searches. Hondurans, taking part in a new caravan of migrants set for the United States, clash with Guatemalan soldiers as they try to cross into Guatemalan territory, in Vado Hondo, Guatemala. We have actually used the building as a farm shop, selling our own alpaca products. Waterside Holiday Park is in an attractive setting... South Bay Holiday Park is one of several John Fowler Holiday Parks in Devon... ...and it has a range of different grades and sizes of caravan. Does the 4 year rule apply to his case? We intend to use it for agricultural storage if it remains on site. This idyllic setting is where you can fish, water ski, swim, bush walk, sail, surf ski, play a round of golf or just take a load off your feet, sit back and enjoy the pleasant surrounds. The BCN was served about 12 years ago and we have not heard from rhe council since. I complied with the notice but have had heard nothing since. I wonder whether this enquirer may be muddling two different points.The 4-year rule under discussion in this blog post related to the material change of use of a building to use as a single private dwelling. Hi. It does not fit neatly into either of the rules I have mentioned. So glad i found this forum. The house is 13 years old so not listed or in a conservation area. This photo was taken from the Parkland 10 (P10) site at Grampians Paradise Camping and Caravan Parkland. in such a case there clearly was a material CHANGE of use.Welwyn Hatfield raises the issue of when the dwelling use is the first use. Thanks. Any significant void period (i.e. More recently a small (2.9m x 2.34m) bedroom has been added above the kitchen. It makes no difference whether the building operations were carried out to commercial premises, a dwelling or any other type of building (or indeed on open land). We are selling our house which had a single story extension built with planning permission in 1987.I do not have the completion certificate but I do have the plans and approval.My buyers solicitor is asking for the planning permission (and I assume the completion certificate)I have given my solicitor the planning approval number.Do I need anything elseSurely the 4 year rule is enough to validate the use of the extension?How long should you keep these certificates?Mick Lee. As a resident of a C3 property which lies in a preferred industrial location, I am hoping to obtain a CLEUD under the 4-year rule. The answer to Anon’s query depends on what is meant by ‘studios’, and whether they are genuinely self-contained, or whether they rely on shared facilities (which would make these units part of a HiMO within Class C4). It applies to any operational development - which becomes immune from enforcement, and therefore lawful, at the end of four years from the date on which that development was substantially completed. Would the 4 year rule apply in our case? With planning permission I built a residential detached house in a conservation area, I was granted planning permission, I submitted my raw materials, waited 10 weeks and began development, Once completed we moved into our new house. Buying their own house was out of the question. were left in the property by the occupier(s) for their own use.In such circumstances, it would be my view that the absence of the occupier (even for some months, if they were travelling or working away from home) would not in itself denote cessation or discontinuity in the occupier’s residential use of the property, especially where there is clear evidence that their absence is occasioned solely by a work commitment or an extended holiday, and where there was clearly an intention to return (and the occupier did return) as soon as the necessary absence was over.However, I cannot predict with certainty that this view would necessarily be upheld by an inspector on appeal, and the point may sooner or later have to be litigated in order to resolve the issue. is there a list of ways to prove that I have been living in a cabin in my woodland without planning permission for 4 years? While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. In 2009 I acquired planning consent for an independent 2 bed detached annexe next to my home for my elderly father. In answer to Jason – it depends. Belhaven Bay Caravan Park is situated within the John Muir Country Park and close to the beach and golf course. Section 16 of the Act to which Mark refers simply deals with crossovers over the footway. or Motorhome (8.0M Max. We have lived on our boat for 6 years and the council is suggesting that we would need to apply for planning permission to remain. It is the sort of point on which Keystone Law’s planning law team would be happy to advise if we were to receive instructions in the matter. Car, Caravan (8.0M Max.) [Incidentally, the other 4-year rule relates to the execution of building, engineering or other operations. Regardless of use or mileage, all tyres have a lifespan. Erik - Daily School Diary Harry Potter 2019 / 2020-10 months Price: € 10.90 Free shipping on orders over 25 € in mainland France. The 4-year rule will apply if the unlawful development consists of building, engineering or other operations (subject to the usual proviso regarding ‘concealed’ development), so I agree with my correspondent that the council are talking rubbish. Haven Craig Tara Holiday Park reviews, discounts and facilities, 5 best Haven caravan holiday parks in Wales, 10 best Park Resorts caravan holiday parks. The rear of the building has been converted to a kitchen/living area with a separate bedroom and bathroom.We have no evidence of when it was converted other than statements from our neighbours, the builder and various friends and family who have stayed in the annex.Ariel photography proves the structure dating back to 2005 and google street maps dated 2009 shows the windows and doors to the annex.My question is does the 4 yr or 10 yr rule apply to the conversion of garage to an annex and would written statements and affidavits be ample proof of the use? I cannot advise on the question posed above without being professionally instructed, but the judgment in Arun DC v. FSS [2005] EWHC 2520 (Admin) might possibly apply. A mixed B1/C3 use is a sui generis use. The enforcement notices now (in 2017) quite clearly say 10 years "The council believes that the breach of this condition of planning permission dated 5th November 1959 took place less than ten (10) years ago"My question is are they right and if they are wrong does that invalidate the notice?Is it true that any breach (i.e. Please help us, thank you. The Local Authority have advised us that the land on which the container sits is agricultural land and that the domestic/business use must cease and the container must be removed from the land.We accept that the change of use from agricultural to domestic/business falls under the 10 year rule so is enforceable.Would the fact that the container has been in situ for more than 4 years remove the Local Authority's power to enforce it's removal. Many thanks for providing such a fantastic blog with excellent advice. However, none of the judges in Swale pronounced any conclusion with regard to these propositions.In light of Sedley LJ’s remark quoted above, these assertions on behalf of the LPA in Swale would not appear to be supported by judicial authority, and my own view (in line with Brown v. Brush) would be that simple absence of the occupier would not be sufficient to show any discontinuity in the use, provided that the property remained fully furnished, and that personal possessions and clothing, etc. I'm still struggling with separating out operations, which might be lawful under the 4-year rule, and a proposed use, which might not be under the 10-year rule! We've bought a caravan made 30 years ago but it's in excellent condition. However we have written proof that horses have always been kept on the land for the last 33 years without interruption along with a small number of sheep. Legal advice on this is vital and urgent. I have a detached back garden bungalow which i built in 2006. when I applied for planning permission the council wrote back to and said I didn't need planning permission as long as i don't rent it out or sell it as separate dwelling but could be occupied by family. Forming an access to a highway is permitted development under Part 2, Class B of the Second Schedule to the General Permitted Development Order in certain circumstances, but is hedged about with qualifications and restrictions. My question is how the position within a preferred industrial location may affect my application and what powers the LPA may use in relation to this? As regards the query of 7/11/13 relating to a house built 4 years ago, the discontinuity in its subsequent use could be a problem. He nevertheless observed that a point may come where the evidential burden shifts to the occupier to displace the inference that residential occupation has ceased.Counsel for the LPA in Swale had asserted that mere absence from the building, especially if it lasts for some months (for example on an extended holiday or working away from home), necessarily denotes a cessation of the residential use of the property. As the last year has been difficult for every one let’s hope that 2021 turns out to be a good caravanning year. I can’t comment on the facts recited by ArbyW on 20 June, but he has raised an interesting issue.In Swale BC v. FSS [2005] EWCA Civ 1568, Sedley LJ noted that the law has always recognised that an occupier does not have to be continuously or even regularly present in order to establish unbroken use of the premises as a dwelling-house – see the decision of the Court of Appeal in Brown v Brush [1948] 2 QB 247, and also, Megarry on the Rent Acts, 11th edition, Volume 1, pages 245 to 249. Most caravan sites will also have on-site toilet and showering facilities that guests are permitted to use. Any thoughts? It is not a matter of discretion, and issues of policy or preference do not come into it. The 4-year period commences from the date on which the change of use took place (i.e. However, if the unauthorised building is (say) an extension to an existing dwelling [assuming it is not permitted development under Part 1 of the Second Schedule to the GPDO] its use will derive from the lawful use of the existing planning unit within Use Class C3, and the 4-year rule would still apply in such circumstances.It was argued in Sumner v. SSCLG [2010] EWHC 372 (Admin) that the use of an unlawfully erected building is authorised such section 75 of the 1990 Act, but this argument was firmly rejected by the court. even at my expense) would this be OK to pursue?Many thanks in advance. The same local authority sent me a PCN a year ago asking for info and saying the building should be a single dwelling! I had assumed permitted development rights but have since found out my property is subject to Article 4 restrictions. In answer to today’s anonymous query, a use cannot revert to a previous use without planning permission (except in certain limited circumstances set out in section 57 of the 1990 Act). It might (perhaps) be argued that storage of a washing machine, fridge freezer etc. With the exception of the change of use of an existing building to use as a single private dwelling (to which the 4-year rule applies), all other breaches of planning control are subject to the 10-year rule.The only exception occurs where a breach of condition (to which the 10-rule would normally apply) results in the creation of a separate dwelling.