Planning permission is required where the statutory definition of "Development", as set out in Section 55 of the Town and Country Planning Act 1990 (the TCPA 1990), is met. Development falls into two categories: (1) operational development – building things; and (2) material change of use. Provided that no material operations are proposed, the use of land as a campsite falls into the latter option.
Provided that permitted development rights have not been removed pursuant to a specific planning designation such as an article 4 direction (which operates to restrict certain permitted development rights) or an existing planning condition or obligation then currently, the use of land for camping for not more than 28 days in any calendar year is permitted alongside the provision of any moveable structure for the purposes of that use (without the need to seek planning permission) pursuant to Class B, Part 4, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO). There is no limit on how many pitches are authorised pursuant to this right and there is no limitation on the type of camping apparatus which is authorised or any further condition or requirement.
This position will change as of 26 July 2024 when new rules will become mandatory. The new rules provide that the right described above will only apply to camping in connection with a festival and all other camping will fall to be authorised pursuant to a separate permitted development use class known as Class BC, Part 4, Schedule 4 of the GPDO.
Class BC provides that a temporary recreational campsite will now be permitted for up to 60 days total in any calendar year (which is an increase from the previous 28 days) however this will be limited to the provision of not more than 50 pitches alongside any moveable structure necessary for the purposes of the permitted use.
In addition, the proposed campsite will not be permitted if it is on the site of a scheduled monument, in a safety hazard area, a military explosives area, a site of special scientific interest, on a site of a listed building and notably it will not be permissible to site a caravan under the new rules unless it is classed as a motorhome.
Reliance on Class BC will also be further restricted as the following conditions will be mandatory prior to any such use being permitted:
- On-site provision must be made for toilet and waste disposal facilities;
- Notification must first be given to the Local Planning Authority in writing prior to commencement of any such use in each calendar year which must be accompanied by a site plan which includes the following details:
- location of toilet and waste facilities; and
- the dates during which the site will be in use
- If the site is located within Flood Zone 2 or 3 then prior approval will first be required by the local planning authority prior to the site coming into each use in each calendar year.
Until these new rules become mandatory on 26 July 2024 you can seek to rely on either Class B or Class BC for the provision of a campsite however following this date you will only be able to rely on Class BC.
These new rules have been celebrated in some quarters for allowing further opportunity for flexible land use (i.e. because they have extended the permissible time period). However it seems that this may come at the expense of viability given that the pitch numbers will be limited and caravans excluded.
If you have any questions about how you can utilise permitted development rights, please contact Jasmin Andrews or Rory Stracey in our Planning team at Trowers & Hamlins.
