in UK planning. what is a dwelling?

Question

im looking at a bit of land but no dwellings are alowed to be built on it ... I want it as a buisness and have a portacabin and some tents on it . with people there at weekends would this count as a dwelling ? ultimatly its down to the idiots at councel any ideas

Answer 1

I'm sure that anything more than two days spent in a place is a dwelling other than that ask the council to specify exactly what you would have to do for it to be a dwelling as some councils have different bylaws.

Answer 2

A dwelling is a place where people reside or live for an unspecified time. It might be you need the land for a commercial purpose like rock concerts for a short period, I think this may be up to the owner of the land, then you may have to apply for a licence from the council. The only people I know who get away with things like this are travellors who generally live in caravans and travel all over the place, if they set up camp I think the council have to apply for a warrent of eviction from the court this can take several weeks depending on how behind the council are with everything. Sometimes they send an officer out to ask them nicely to move to another site that has better fcilities for them,as I understand it if you have livestock, which are said to need grazing land you are allowed to stay for a while for the animals to graze, particularly horses,donkeys,pigs, but I beleave this is an old law set out when travellors had horse drawn caravans which were still dwellings to the travellors.

Answer 3

The following is an extract from a government guidance paper (Circular 10/97) used by Planners:


"Experience has suggested that, on occasion, people may adapt, or use, unlikely or unusual buildings or structures as their home or dwellinghouse. However, the Courts have held that, although there is no definition of what is a dwellinghouse, it is possible for the reasonable person to identify one when he sees it. If no reasonable person would look at a particular structure used as a dwellinghouse and identify it as such, it is justifiable to conclude, as a matter of fact, that it is not a dwellinghouse."

Frankly, I do not think that the definition is relevant to your case. Quite simply you have a piece of land and you either have a specific planning permission for it or you have not. The planning permission will give a precise description of what it can be used for. Thereafter you can get into what can legally be defined as ancilliary uses but you would need a specialist for that. If you want to email me via this site or the website below with more details (and you will have to give me the whole story) I will give you a bit of basic advice for free.

Answer 4

A dwelling is another name for a building, a house, a bungalow, any permanent structure mainly for residence. But I think you will find that portacabins will also be classed as dwellings. As for business, even more regulations and restrictions apply.

Answer 5

Caravans static or mobile, are still dwellings if they are inhabited, and you will find it hard to get permission even if it is not occupied, the only people that seem to bypass this rule are farmers they can put up any building that is necessary for there holding, then they invariably use them for other purposes,

Answer 6

Yes , any form of living quarters , whatever they may be , are classed as dwellings ,

As for the Council , I agree they are idiots , but corrupt ones at that ,

Answer 7

What's happening in the portacabin? Are you actually living in it? If so, it might be caught by the definition. Tents are rather more ambiguous, as they are not necessary erected for accommodation purposes.
http://www.voa.gov.uk/instructions/chapters/council_tax/council_tax_man_pn/Frame.htm

Answer 8

A man in a Herefordshire village called Luston lived in a tree , the mail was delivered and his rubbish was collected. the tree was considered to be his dwelling.

Answer 9

The laws are very tight, so you had better contact a few councils.

Answer 10

a dwelling is a building..!!