TICKING ALL THE RIGHT BOXES

APPEAL DECISION OF NOTE

Can a converted shipping container in your curtilage benefit from the ‘caravan’ loophole ?

Case law states that the appropriate factors for determining whether a structure constitutes a building are size, permanence, and physical attachment.

Converting a shipping container into habitable accommodation and siting it within a residential curtilage can be a fun, sustainable and cost effective option for some extra space. However, it is important that you can convince your Local Planning Authority that it is not a ‘building’ (and doesn’t constitute any other relevant operation) if you’re hoping to take advantage of the caravan rules.

In a recent decision, an Appeal Inspector - when considering the Council’s Refusal to issue a Lawful Development Certificate - has concluded that the proposed container met all the tests for being a building (and not a caravan or equivalent). Consequently, as it did not meet all the necessary criteria for Permitted Development, the Appeal was dismissed.