In a recent case, the High Court ruled that a touring caravan which had been brought onto land and affixed permanently was not a ‘dwelling-house’.
The decision came after the owner of the caravan, who had resided permanently in it for six years without a planning application being made or planning enforcement action being taken, sought a ‘certificate of lawful use’ for the occupation to legitimise his use of the land.
In this case, the owner’s contention that the caravan was a dwelling-house was based on the fact that it was attached to a wall and could no longer be removed without being demolished.
The council had dismissed this argument and refused to grant the certificate of lawful use on the ground that the caravan was not a building.
The decision that it was not a dwelling-house was upheld by the High Court.
If you are concerned about potential breaches of planning law and their implications for you, contact us.