Annexe in the Green Belt, How? Chorley, 2024
●YOU'LL NEVER GET PERMISSION THERE! READ HOW ANX OBTAINED MOBILE HOME PLANNING APPROVAL IN THE GREEN BELT.
When planning any form of development or change of use, particularly in protected areas like the Green Belt, the process can seem daunting.
This is especially true for anyone looking to construct an annexe on their property, as planning permission in these areas is often heavily restricted. However, there are strategies that can make such proposals viable, even in areas where development is usually resisted.
This blog will discuss a case study from Chorley, and show how obtaining a Certificate of Lawfulness (COL) for a mobile home can provide a legitimate way to achieve that all important annexe accommodation.
UNDERSTANDING THE SITE: CHORLEY
The client’s property in this case study is located in Brindle, Chorley, a picturesque village set within the North-West Green Belt. This designation spans over several counties, including Lancashire, Cheshire, Merseyside, and Greater Manchester. Covering an expansive area of over 2,300 square meters.
The North-West Green Belt serves a vital function in protecting the countryside and maintaining the separation between cities, towns, and villages. Its primary purpose is to prevent urban sprawl, ensuring that urban areas do not merge into one another, thus preserving the natural landscape and maintaining the openness of the countryside.
● BRIEF
Development in the Green Belt is heavily resisted in fact it is the the most restricted planning designation there is, so local planning authorities (LPAs) are generally very cautious when approving new development.
The primary reason for this is to preserve the openness of the countryside, which could be compromised by urban development. Therefore, most development in Green Belt areas is considered “inappropriate” unless it meets certain criteria.
For homeowners in these areas, getting planning permission for even small changes, such as an annexe, can be very difficult. LPAs typically regard such developments as harmful to the Green Belt and will be refused.
ANX were tasked with finding out the best way to achieve additional annexe accommodation for our clients elderly mother, who desperately needed to live with her family to enable them to provide the care and support she needed.
The accommodation had to be separate to provide a level of independence, had to be on one floor and big enough to accommodate wheelchair friendly doors and facilities.
ANX to the rescue!
● WHAT DID ANX RECOMMEND?
ANX recommended to our client that siting a mobile home in their curtilage and using this as annexe would be a smart solution to overcome planning restrictions, because mobile homes are typically classified as a “temporary structure” rather than permanent development.
Because of this, the restrictive planning policies that control development within the Green Belt would have no bearing on this type of structure and means our client could site a sizable structure within their garden without the need for planning planning permission.
What we did recommend is that we obtain a certificate of lawfulness which is a legal document issued by the local planning authority that confirms whether a proposed or existing use of land or buildings is lawful, under planning law. It can be used to establish whether planning permission is needed for a particular development, such as siting a mobile home which is important within designations such as the Green Belt
THE OUTCOME?
Chorley Council, the LPA for this case, assessed the proposal based on the relevant legislation, the Caravan Sites Act 1968. They agreed that the proposed mobile home met the legal definition of a caravan and would be used as ancillary to the primary residence.
Therefore, the LPA concluded that planning permission was not required, as long as the mobile home remained ancillary to the main dwelling and was not used as an independent home.
As a result, Chorley Council granted the Certificate of Lawfulness, which provided the client with the peace of mind that they could proceed without the risk of enforcement action or running the risk of their planning application being refused because of the Green Belt.
What constitutes a mobile home, well there is three key tests that you have to meet to be able to legally define your structure as a mobile home or caravan;
●SIZE
The structure must meet certain size limitations to qualify as a mobile home. It should not exceed:
Length: 20 meters (65.6 feet)
Width: 6.8 meters (22.3 feet)
Height: 3.05 meters (10 feet) (measured internally from the floor to the lowest part of the ceiling)
●MOBILITY
The structure must be capable of being moved from one place to another either by being towed or transported on a trailer. This means it must remain physically mobile even after being placed on site, without needing to be dismantled or undergo significant alterations.
Don’t worry it doesn’t have to have wheels!
●CONSTRUCTION
The mobile home should be “composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices”.
There is no requirement however that the process of creating two separate sections must take place away from the site, only that “the act of joining the two sections together should be the final act of assembly.