Planning permission and site licences
It is important to consider issues of planning permission when advising members of Gypsy and Traveller communities.
Planning permission
The stationing of a caravan on land requires planning permission and a site licence in most cases. [1] There are, however, limited provisions on permitted development orders that guarantee planning permission in certain circumstances. [2] The following situations apply to some travellers:
a caravan which is situated within the curtilage of a dwelling house, provided that use of it is incidental to the enjoyment of that dwelling house. The caravan must not be used as a main or principal residence
travelling caravans stationed for up to two nights
caravans stationed on undeveloped land of not less than five acres where no more than three caravans have been stationed for not more than 28 days in the year
use of land by travelling showmen, provided that they belong to an organisation recognised by the Scottish Ministers and are either travelling as part of their business or are taking up winter quarters
People occupying caravans in those circumstances may, however, still be in breach of the various laws on trespass. Local authority caravan sites require planning permission but no site licence.
If there is a breach of planning control, the local authority can issue an enforcement notice. Enforcement notices contain details of the breach of planning control and the steps required to remedy the breach. An appeal against an enforcement notice can be made to the Scottish Government. If an enforcement notice is not complied with then a criminal offence is committed, which is punishable by a fine or by imprisonment. Planning law has been used against travellers who own their land. Most of the relevant planning law is contained in the Town and Country Planning (Scotland) Act 1997.
Once planning permission has been granted for the stationing of caravans, a site licence must be applied for. This has to be granted, provided that the applicant has not had a previous site licence revoked in the past three years. [3] The local authority can impose certain conditions regarding the physical features of a caravan site, the number and location of caravans sited and the times of year when caravans can be stationed on the land. The conditions of the licence must be in agreement with the planning permission already granted.
Free advice on planning matters is given by Planning Aid for Scotland.
Last updated: 25 June 2021