Exemption Certificate

Do you own or lease land and want to earn yields higher than you currently do, whilst also under the approval of Natural England?

Starting a campsite in the UK can be achieved through a few different options with each having pros and cons within them so If you are interested in starting your own campsite, please follow this guide as a tool to help you decide what options may best fit your circumstances and what actions would be beneficial to undertake before you begin. Please note this is not legal advice and should only be treated as an aid to your enquiry.

Natural England have awarded us a license to allow our members to camp in the countryside where we as an organisation will rent your field beginning in Spring until Autumn or any preferred date range negotiated and install toilets, handle all planning issues, arrange fresh water and negotiated utilities as required by our members.

Norfolk Camping CIC is a fully certified exempted organisation and have legal powers to license any piece of land deemed suitable for camping and caravanning to operate as a campsite.

There are 4 types of camping certificates which we can issue to your site:

• 5 all year caravan pitches
• Tent camping pitches
• Rally pitches
• Member only rally pitches for up to 5 days

To operate a campsite on your land by license of Norfolk Camping CIC we would supply an onsite club steward.

Our aim is to bring diversity and flexibility to camping and caravanning, making it possible for alternative methods of camping to our members. We believe that everyone should have the opportunity to enjoy the great countryside we have in this country, this is why we are encouraging venues just like yours to be a venue for us to provide facilities such as shepherds huts, glamping pods, tepees or bell tents.

Similar venues like yours capitalize with several £1000's of pounds extra income per year by simply exchanging cattle/sheep, horse grazing or arable crops for a venue for happy campers.

The application process is simple, just drop us an email and once we receive your request to be considered one of our consultants will contact you to discuss the process and we will undertake a study on "Highways Safety", "Habitats Study", "Lawful Usage and Safety" and of course correspond with Local Planning Authority and Natural England. Subject to no valid objections we will confirm the date the new venue for camping and caravanning and/or rally can open. Once we are happy that your venue is safe and suitable we will issue an exemption certificate to allow camping and caravanning to commence. We may need to contact your neighbours and local authority to advise them of our authority and the nomination of your venue.

We will then pay you in advance the agreed sum for the coming season.

Permitted Sites

Caravan, Building or Chattel
The defining factors in the classification of a caravan is mobility and purpose. These factors are often challenged by Local Planning Authorities and land owners alike. Mobile homes being legally classified as caravans which may be constructed on site from 2 parts and have a footprint of up-to 6.8 x 20 meters, have utility fixings and only have to be capable of being moved ( not requiring to be moved at any point ), it is easy to see why conflict of views can occur.

In Measor V SoS & Tunbridge Wells BC, 3 test to satisfy the mobility of a structure was defined. The test of size, permanence and attachment was used to differentiate between a chattels and  buildings, however these test remain somewhat subjective and a matter of fact and degree.  It is often considered that a mobile structures that are attached to utilities in operations normally undertaken by a person carrying out a business as a builder ( defined as building operations by 55(1a)(d) of the TCPA) and the intent to retain the structure permanently is a building, as can be seen in R (Save Woolley Valley Action Group Ltd) v Bath and North East Somerset Council [2012].

Caravans are specifically for the purpose of human habitation. A movable structure designed or adapted for human habitation fall within the statutory definition of a caravan. Therefore a commercial vehicle adapted to be used for human habitation would become a caravan and a caravan adapted for a purpose other than human habitation may no longer be a caravan but a building or chattel.

The siting of a caravan does not constitute operational development and only if the caravan is used for human habitation does a change of use of land take place to a caravan site, however if a caravan is used for a purpose other than what is ancillary or incidental to current uses  planning approval may be required. IE caravan storage, shop, takeaway food supplies.

Planning Units
Planning units are conceptual entities that allow a clearer understanding of when planning should apply to different areas or structures. There is no formal definition of a planning unit however there are a number of judgements giving some guidance.

The key test to planning units was given in the case of Burdle V SoS of the environment [1972] in which no judgement was made but the case was referred back to the SoS for further consideration with recommended test to aid in a decision.

1. if 1 single purpose can be identified for the whole unit of occupation, the unit should be considered as 1 planning unit.
2. if composite uses which fluctuate in their intensity over time but have no defined areas, the unit of occupation should be considered to be 1 planning unit
3. Where there are distinct uses within distinct areas of a unit of occupation these should be considered as separate planning units.

Further refinement of these test  was given in the cases of Fuller v SOSoE, Rawlins V SOSoE & Tanbridge DC, Ralls V SOSoE and Westminster CC v British Waterways Board.

In the case of Fuller V SOSoE a number of farm occupations under common interest were found not to be a single planning unit even though a single use could be identified. The degree of physical separation was deemed to be sufficient to make the sites distinct. Contrary to this concept in the case of Ralls V SOSoE, 5 separate pieces of land had been in common ownership of a family group, each piece of land having separate title deeds in different family member names, gave a total of 70 days of permitted development for open air markets under provisions of the GPDO part 4 class B, temporary use of land. The 5 separate pieces of land were found to be in common interest, in common use and judged as a single planning unit, limiting the use for open air markets to 14 days across all 5 sites. Further more the case of Rawlins V SOSoE considered a larger planning unit to be a single unit even though the site was in multiple occupancies. Finally Westminster CC v British Waterways Board addresses the scope of ancillary uses, when a primary use of land is considered to have ancillary uses, these uses must fall within the same occupation and can not be extended outside the original planning unit, where a site is used for ancillary uses only this should be considered as a separate planning unit.

When Is Planning Required

Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ which is set out in Section 55 of the Town and Country Planning Act 1990.

"Development" includes:

Building operations (e.g. structural alterations, construction, rebuilding, most demolition);
material changes of use of land and buildings;
engineering operations (e.g. groundworks);
mining operations;
other operations normally undertaken by a person carrying on a business as a builder.
subdivision of a building (including any part) used as a dwelling house for use as two or more separate dwelling houses

The categories of work that do not amount to "development" are set out in Section 55(2) of the Town and Country Planning Act 1990. These include, but are not limited to the following:

interior alterations (except mezzanine floors which increase the floor space of retail premises by more than 200 square metres)
building operations which do not materially affect the external appearance of a building. The term ‘materially affect’ has no statutory definition, but is linked to the significance of the change which is made to a building’s external appearance.

Local Planning Authorities have considerable discretion when determining what is development or whether enforcement action is expedient. Development such as gravel hard standing for caravans is often considered de minimis by Local Planning Authorities however this can not be applied broadly, no Local Planning Authority publish guidance as to what may be considered de minimis and in our experience Local Planning Authorities are unlikely to confirm de minimis development prior to development taking place.

Listed Buildings and the curtilage of Listed Buildings: Works effecting the character or appearance of a listed building and/or the curtilage of a listed building requires authorisation from the Local Planning Authority. If any part of a listed building or its curtilage is to be used for the purpose of a caravan or camping site, consultation with your Local Planning Authority is advised. This is a complex matter beyond the scope of this guide.

*** Caution. Use of portable structures as permanent buildings. The sitting of a portable structure where the intent is to retain that structure permanently may require planning approval regardless of its ability to be moved. A portable toilet block that is permanently connected to water, drainage or electricity is likely to require planning approval.

Use Classes

Caravan and Camping sites do not wall within F2 ( formally D2 ) use classes. Legal judgements involving the Rugby Football Union and English Bridge Union determine that use classes relating to recreation and sport require a degree of competition and physical activity. Caravan and camping sites not being a physical or competitive activity are to be considered Sui Generis ( a use of their own ). Equestrian or sports venues should not change uses under The Town and Country Planning (Use Classes) Order 1987 / The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020.

Enforcement or prosecution

Material change of use of land to a caravan and/or a camping site is likely to be a breach of planning control and enforceable by your Local Authority, if you do not have planning approval or you have not attained immunity from enforcement. Planning approval may be granted by your Local Authority specifically to your site or in a Local Development Order. Planning approval may also be granted by the Secretary of State by virtue of a development order ( E.G The Town and Country Planning ( General Permitted Development ) order 2015 ).

Immunity from enforcement can be achieved if your site has been operating in breach of planning controls continually for a period of 10 years or more. You can confirm with your Local Authority that your site is immune from enforcement by applying for a certificate of Lawfulness of existing use or development under section 191 of the TCPA. Any break in use or authorised use ( including permitted development ) may constitute abandonment and restart the clock for the purposes of immunity. Immunity would only apply to the established use, any intensification or extension of period of use may continue to be enforceable.

Planning approval granted by the secretary of state by virtue of a General Permitted Development Order may be withdrawn by a Local Authority by means of an Article 4 direction.

The conditions of planning approval granted by the SoS under Article 3 of the 2015 GPDO also require regard to section 75-78 of the Conservation of Habitat and Species Regulation 2017. Sites within or close to a European conservation area may require an appropriate assessment and prior approval of permitted development from the Local Authority. European conservation areas are designated as Special Areas of Conservation ( SACs ) Special Protection Areas ( SPAs ) and Ramsar sites. Local and National SSSIs, LNRs, NNRs are not to have such effect.

The Mansi principal prevents Local Authorities from enforcing the material change of use of land to a caravan or camping site which would otherwise be lawful or authorised. It is often noted that Enforcement Notices contain a condition to cease the use of land as a caravan / camping site. This condition is contrary to the Mansi principal. Any enforcement action which prevents uses that are lawful / authorised or have subsequently become so by a development order will cease to have effect on implementation of authorised use by virtue of section 180 of the TCPA.

Irrespective of appropriate planning approval or immunity from enforcement, operating a caravan or camping site is a licenced activity, requiring a licence, exemption from licensing or limited to less than 42/60 days for tent camping. This is a criminal act and liable to summary conviction ( a criminal act is any regulated act which incurs a penalty as a means of discouragement ). As a summary only offence, activities beyond 6 months would not normally be prosecuted. Fines for this activity are low and under a summary only conviction a Proceeds of Crime Act confiscation order would not be applicable, however cost of prosecution and/or a compensation order may be made by a magistrate ( anyone can bring a private prosecution of a criminal act including competing caravan sites or local residents but not unincorporated groups. Cost of private prosecutions may be recouped win, loose or draw from central funds). Private prosecution may be taken over and stopped by the Crown Prosecution Service or Director of Public Persecutions, this is likely to happen if allegations are frivolous, vexatious, malicious or lack reasonable grounds/evidence.

Permitted Development For Campsite Amenities

Fences and Walls

Part 2 GPD order 2015
Class A – gates, fences, walls etc

A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Development not permitted
A.1 Development is not permitted by Class A if—
(a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent
to a highway used by vehicular traffic would, after the carrying out of the development,
exceed—
(i) for a school, 2 metres above ground level, provided that any part of the gate, fence,
wall or means of enclosure which is more than 1 metre above ground level does not
create an obstruction to the view of persons using the highway as to be likely to
cause danger to such persons;
(ii) in any other case, 1 metre above ground level;
(b) the height of any other gate, fence, wall or means of enclosure erected or constructed
would exceed 2 metres above ground level;
(c) the height of any gate, fence, wall or other means of enclosure maintained, improved or
altered would, as a result of the development, exceed its former height or the height
referred to in paragraph (a) or (b) as the height appropriate to it if erected or constructed,
whichever is the greater; or
(d) it would involve development within the curtilage of, or to a gate, fence, wall or other
means of enclosure surrounding, a listed building.

Interpretation of Class A
A.2 For the purposes of Class A, “school” includes—
(a) premises which have changed use under Class S or T of Part 3 of this Schedule (changes
of use) to become a state-funded school or registered nursery as defined in paragraph X of
Part 3; and
(b) a building permitted by Class C of Part 4 of this Schedule (temporary buildings and uses)
to be used temporarily as a school, from the date the local planning authority is notified as
provided in paragraph C.2(b) of Part 4.

Roads

Part 2 GPD order 2015

Class B – means of access to a highway

B. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this schedule (other than by Class A of this Part).

Signs

Classes of advertisement benefiting from deemed consent

Class 2(C) permits notices or signs which relate to:

• Any religious, educational, cultural, recreational, medical or similar institution
• Any hotel, inn or public house, block of flats, club, boarding-house or hostel; provided that the advertisement is displayed at the premises and does not exceed 1.2 square metres in area. If there is more than one entrance to the premises on different road frontages, two advertisements of 1.2 square metres each may be displayed (each on a separate frontage)

Flags

A number of categories of flag may be flown without consent, subject to certain restrictions regarding the size of the flag, the size of characters on the flag, and the number and location of the flags. Categories of flag that can now be flown

• House Flag (The flag is allowed to display the name, emblem, device or trademark of the company (or person) occupying the building, or can refer to a specific event of limited duration that is taking place in the building from which the flag is flown)
• Sports Flag (But cannot include sponsorship logos)
• Rainbow Flag (Such as the Pride Flag)
• Award Scheme Flag (Eco-Schools, Queens Awards for Enterprise and Investors in People)

Flying one or two flags within the grounds of a building You can now fly up to two flags (before the changes only one flag was allowed) within the grounds (the regulations refer to "curtilage") of a building subject to the conditions listed below:

There are no restrictions on the size of the flag, but any flagpole may not exceed 4.6 metres above ground level

Consent is required if the flag is to be flown in a controlled area

Up to two flags can be flown without consent in the grounds of a building, but only one flag can be flown within the grounds of a building if another flag is either being flown from the roof, or is projecting from the building

Change of Use of Buildings

Part 3, Class R – agricultural buildings to a flexible commercial use

Permitted development
R. Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a flexible use falling within Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class B1 (business), Class B8 (storage or distribution), Class C1 (hotels) or Class D2 (assembly and leisure) of the Schedule to the Use Classes Order.

Development Not Permitted
R.1 Development is not permitted by Class R if-

• The building was not used solely for an agricultural use as part of an established
  agricultural unit:

(i) on 3rd July 2012;

(ii) in the case of a building which was in use before that date but was not in use on that
date, when it was last in use, or

(iii) in the case of a building which was brought into use after 3rd July 2012, for a period
of at least 10 years before the date development under Class R begins;

(a) the cumulative floor space of buildings which have changed use under Class R within an established agricultural unit exceeds 500 square metres;

(b) the site is, or forms part of, a military explosives storage area;

(c) the site is, or forms part of, a safety hazard area; or

(d) the building is a listed building or a scheduled monument.

Norfolk Camping CIC
72 South Beach Rd
Heacham
Norfolk
PE31 7BB
reg no 12293726