Legislation in Scotland is
The Caravan Sites Act 1968 [1968 c. 52]
The Caravan Sites Act 1968 (Amendment of Definition of Caravan) (Scotland) Order 2019 [2019 No. 295]
Mobile Homes and Caravans can be used and sited in a garden without the need for express planning consent but if the uses is non-incidental to the house then a ‘material change of use’ may have occurred or if the caravan is not considered to conform to the definition of a caravan then ‘building operations’ may have been conducted, either of which will require permission.
KEY FACTORS
Location. The Caravan must be in the ‘Curtilage’ of a dwelling house. This is the drive or garden, no adjoining paddock land, for example. The land must be situated outside of a conservation area, national park or article land where development is restricted.
Use. The use must accompany the house, used by a family member or guest accommodation for example and not rented as a private residence or a separate dwelling or a business premises.
Structure. The actual structure must conform to the legal definition of a ‘caravan’ based on its size, mobility and construction method.
October 2019 the Scottish Government amended the size of caravans to come in line with England. This increased the maximum dimensions of a caravan.
The legal sizes post November 2019 are:-
- length (exclusive of drawbar): 65.616 feet (20.00 metres);
- width : 22.309 feet (6.80 metres);
- height: 10.006 feet (3.05 metres).
Scottish legislation doesn’t indicate how this measurement should be measured but the English legislation does it says – overall height of living accommodation (measured internally from the floor at the lowest level to the ceiling at the highest level): 10.006 feet ( 3.05 metres). see link
see
https://www.legislation.gov.uk/ssi/2019/295/article/2/made
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SCOTTISH STATUTORY INSTRUMENT
2019 No. 295
Housing
The Caravan Sites Act 1968 (Amendment of Definition of Caravan) (Scotland) Order 2019
Made 18th September 2019
Laid before the Scottish Parliament 20th September 2019
Coming into force 15th November 2019
The Scottish Ministers make the following Order in exercise of the powers conferred by section 13(3) of the Caravan Sites Act 19681and all other powers enabling them to do so.
In accordance with that section, the Scottish Ministers have consulted with such bodies or persons as appear to them to be concerned.S-1 Citation, commencement and extent
Citation, commencement and extent
1.—(1) This Order may be cited as the Caravan Sites Act 1968 (Amendment of Definition of Caravan) (Scotland) Order 2019 and comes into force on 15 November 2019.
(2) This Order extends to Scotland only.S-2 Amendment of the definition of caravan for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960
Amendment of the definition of caravan for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960
2.—(1) Section 13 (twin-unit caravans) of the Caravan Sites Act 1968 is amended in accordance with paragraph (2).
(2) In subsection (2)—
(a)
(a) in paragraph (a)—
(i) for “60” substitute “65.616”,
(ii) for “18.288” substitute “20”,
(b)
(b) in paragraph (b)—
(i) for “20” substitute “22.309”,
(ii) for “6.096” substitute “6.8”, and
(c)
(c) in paragraph (c)—
(i) for “10” substitute “10.006”,
(ii) for “3.048” substitute “3.05”.
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And below is the definition of what a caravan is
The Caravan Sites Act 1968 (Amendment of Definition of Caravan) (Scotland) Order 2019
Under section 29(1) of the Caravan Sites and Control of Development Act 1960, (“the 1960 Act”) a caravan is defined as…
any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted but does not include:
a) any railway rolling stock which is for the time being on rails forming part of a railway system or
b) any tent
The definition in the 1960 Act was amended by section 13(1) of the Caravan Sites Act 1968 (“The 1968 Act”). Section 13(1) provides that: A structure designed or adapted for human habitation which-
(a) is 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;
(b) is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer), shall not be treated as not being (or as not having been) a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 by reason only that it cannot lawfully be so moved on a highway road when assembled.
Fees
Because its not permanent its a change of use of the land application fee is calculated with reference to Cat 22 of the application fees legislation.