A soakaway does not normally require an application for planning permission provided it deals with surface water and does not discharge into a public sewer. Additional regulations may apply if you are in a conservation area or within the boundary of a listed building.

Building regulations will apply to the creation of a soakaway. The soakaway must comply with Part H of the building regulations which specifies where they can be located and the size that is permitted.

Read more about Approved Document H.

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The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.

A planning breach usually occurs when:

• A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
• A development that has been given permission subject to conditions breaks one or more of those conditions.

If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.

There are statutory time limits for enforcement, these vary based on when the breach took place.

If the breach took place prior to 25 April 2024

• Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
• Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.

If the breach took place on or after 25 April 2024

• Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
• Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.

Other time limits:

There is no time limit for enforcement on breaches of planning control relating to relevant demolition.

For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.

Read more about breaches of planning control and lawful development certificates on Planning Portal.

Whether or not a static caravan can be kept on your property depends on how long it will be kept there for and what it’ll be used for. If the caravan becomes a new home on the property, will be rented out, or will stay in place for more than 28 days then permission if often needed.

If no material change of use occurs, and the caravan is only used for a purpose incidental to the enjoyment of the house then often no application for planning permission will be required. In this instance it may be classed as permitted development, as such it would have to adhere to limits and conditions set out for outbuildings.

If the property is in the curtilage of a listed building or in a conservation area you should contact your local planning authority.

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Permitted development rights allow certain types of work to be carried out without the need to apply for planning permission. It typically covers things like small extensions, loft conversions and outbuildings, provided they meet specific size and location limits. These rights can vary or be removed in areas like conservation zones and by Article 4’s, so it’s best to check before proceeding.  

Read about permitted development and Article 4 directions on Planning Portal

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Rules governing outbuildings apply to sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structures for a purpose incidental to the enjoyment of the dwellinghouse.

If you are unsure if your planned building falls into the category of 'outbuildings' or if you are unsure if planning permission is required, please contact your local planning authority.

Outbuildings are considered to be permitted development, not needing planning permission, subject certain limits and conditions.

Read about the limits and conditions for outbuildings

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