The Government grants planning permission for temporary uses of land which can be undertaken without a planning application – known as permitted development rights. This allows certain temporary use of land to take place without planning application for up to 28 days in any calendar year where the necessary legal requirements are met.
We understand that some landowners wish to take advantage of these permitted development rights and operate temporary uses during summer 2022, including temporary car park and pop-up campsites. We also recognise that some people are concerned about potential sites.
Well located and effectively operated sites can broaden the range of tourist provision available and may alleviate some of the pressures experienced last summer (e.g. fly-camping and parking problems). Badly located or poorly run sites meanwhile can have adverse impacts.
This page answers some of the common questions we’ve been getting about temporary uses from prospective operators and people concerned about sites.
The Government’s planning permission for temporary uses can be read here:
No. The 28 day limit is the total allowed for all temporary uses, cumulatively. A small number of uses are subject to shorter limits, as set out in the regulations.
No. The 28 day limit applies to the whole land holding, not just the field or parcel.
No. The planning permission granted by the Government for temporary uses does not allow permanent works or operations.
No. Each day that the tents are on the land counts towards your 28 days, even if they are not occupied.
Having facilities on your land (e.g. temporary toilets) can count to your 28 day limit, even if the site is unoccupied.
The planning permission granted by the Government does not include any requirement to provide sanitation or other facilities. However operators should ensure that their sites comply with all relevant requirements, not just planning regulations.
There are a wide range of glamping units on the market for sale. Their legal position varies. Some may be uses of land, some buildings, others may be caravans. Some may be permissible without application, and others may not, depending upon their specification and circumstances.
A prospective operator can make a lawful development certificate application to obtain a formal decision from the Authority whether a glamping proposal would require full planning permission.
Caravans and are subject to different rules. Caravans may only be sited if an exception in Schedule 1 of the Caravan Site and Control of Development Act 1960 applies. In all other cases using land for caravans needs planning permission.
Motorhomes are caravans, and are subject to different rules (see caravans above)
No. The planning permission granted by the Government does not allow temporary uses within the curtilage buildings.
28 day temporary uses are part of the national planning system and are allowed by the Government.
No. The planning permission granted by the Government does not impose any limit on the number of people who can camp on a temporary site.
Temporary campsites, car parks and toilets blocks within Sites of Special Scientific Interest (SSSI) should only be erected after written consent from Natural England has been requested and received, under The Countryside and Right of Way Act. This process will be needed to determine if there will be impacts on the SSSI from the proposed development.
If land is within or close to a Special Area of Conservation (SAC), Special Protection Area (SPA) or Ramsar Site, then there is potential for temporary developments to impact these sites. If you cannot be certain that there will be no impact on the qualifying features of the SAC/SPA/Ramsar you will need prior approval from us before you commence your temporary use. You will need to apply to us for a determination on whether you can proceed. A fee is payable. We will carry then out a Habitat Regulations Assessment under the Conservation of Habitat and Species Regulations 2017 to determine if there will be any impacts on the European Sites. Habitats Regulations Assessments are made based on the information you provide and in consultation with Natural England. If required, Natural England can offer advice to developers on the potential for significant effects on SAC/SPA/Ramsar site through their chargeable Discretionary Advice Service which would reduce the timeframe for this process. 28 day planning development allowances are not exempt.
If you are unsure if your land is in, or close to, a SSSI/SAC/SPA or Ramsar site you can check on the designations layer on MAGIC (defra.gov.uk)
You must also ensure that operating a temporary campsite, car park, toilet block, or other temporary use does not put you in breach of any environmental stewardship or countryside stewardship agreements that are already in place on the land. Breach of stewardship agreements would put you at risk of reclaims by the Rural Payments Agency.
No. The planning permission granted by the Government does not impose any limit on the number of cars on a temporary site.
Yes. Permanent pay and display machines require planning permission.
No. The formation of permanent areas of hard surface requires planning permission.
If you believe a site is operating in breach of planning control you should report this to planning@lakedistrict.gov.uk. It would significantly assist us in investigating alleged breaches if you had kept a diary of:
No. The planning permission granted by the Government does not include any requirements for highway safety. We could only look to take action if the use continues in breach of planning control.
No. The planning permission granted by the Government does not include any protections for neighbours. We could only look to take action if the use continues in breach of planning control.
No. We cannot take action against a temporary site unless it is being operated in breach of planning control.
Operating a temporary site in breach of planning control is unlawful, and at risk of formal enforcement action. We will notify landowners of our intention to take formal action, but will not delay enforcement action to pursue voluntary resolution where uses are clearly unacceptable on their planning merits.
The Government's National Planning Practice Guidance provides more information about permitted development rights.
We offer a Duty Planner Monday to Friday, 09:30 to 12:00 to provide general planning advice. Please phone 01539 724555.
