LDC for mobile homes leads to permanent dwellings permission

Friday, 17 February 2012, dcservices.co.uk

The replacement of two mobile homes in Oxfordshire with two single storey dwellings was allowed in the light of a fallback position offered by an LDC.

The mobile homes were sited outside the main built-up part of the village. The LDC for the mobile homes permitted mobile homes each of a maximum dimension of 20m by 6.8m with no maximum height. The certificate therefore established a permanent residential use on the site and allowed the erection of mobile homes with a footprint which would be substantially greater than the existing properties.

An inspector observed that a local plan policy allowed for the redevelopment of buildings outside the built-up area subject to certain criteria. The council accepted that the mobile homes could be replaced with permanent dwellings provided they were not greater than 50 per cent larger than the existing and that they would not have a materially greater impact on the countryside than the current buildings.

The inspector noted that the proposed dwellings would be significantly larger in terms of footprint, volume and height than the existing mobile homes. However, he had regard to the fallback position offered by the LDC. He noted that the existing mobile homes were temporary by their nature and would need to be replaced at some point. He reasoned that it was likely that occupants would be likely to seek to maximise the potential floor space available and that they would be significantly larger than the existing mobile homes. He judged that the proposed permanent dwellings would be unlikely to be any more harmful to the character and appearance of the area. This justified determining the appeal other than in accordance with the development plan.

Inspector Ian McHugh; Written representations

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