In Focus: Temporary structure planning permission - glamping pods, shepherds huts and gazebos

Temporary buildings are useful for a variety of reasons, they can provide accommodation during building works, storage, emergency building space following damage to a permanent building or form part of a recreational activity such as a campsite.

Whether you are considering erecting a temporary structure in the form of a shepherds hut, glamping pod, yurt or other structure, it is important to understand if you require planning permission or not. Often, due to the temporary nature of these buildings, members can be caught out and face enforcement action against the local authority for erecting something that requires planning permission.

There are some permitted development rights that exist for temporary structures but in many cases, permitted development rights may not apply. There are many types of temporary structure and whether these are intended for the short or long term depends on their intended use. The determination as to whether planning permission is required relies upon whether the structure or objects placed on the land amount to ‘development’ or not.

Glamping structures can come in various shapes and sizes such as yurts, glamping pods and shepherds huts and the type of accommodation they provide is similar to that of a tent. These types of structures do not have a formal definition within planning legislation but in most cases they are considered to be similar to the statutory definition of a caravan which is as follows:

“… Any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted but does not include (A) Any railway rolling stock which is for the time being on rails forming part of a system, or (B) Any tent” Section 29 (1) of the Caravan Sites and Control of Development Act 1960

A key point to remember when considering installing a glamping structure(s) is that if the proposal is to install multiple structures or the accommodation is not ‘mobile’, then planning permission will likely be required.

Shepherds huts are a popular option for providing alternative holiday accommodation and can form a low-cost low-input diversification option. They can also provide additional living space or guest accommodation. Shepherds huts typically require planning permission and this is due to their degree of permanence. The key influences behind this distinction are the size of the hut and its intended use. Whilst some shepherds huts are on wheels and can be deemed as temporary due to the ease of moving them, the land that they are sited on will likely require planning permission for change of use. This is often the case if the hut is sited on agricultural land that is going to be used for residential or commercial purposes. In addition, if the hut is plumbed in and has an electricity source, this increases its degree of permanence. If a shepherds hut is to be located within the curtilage of a dwelling for domestic purposes, it may be considered as incidental to the dwelling and may not require planning permission.

Like shepherd huts, glamping pods are also a popular option to provide alternative holiday accommodation. For the same reasons as set out above, the siting of a glamping pod(s) also required full planning permission, particularly if they form part of a wider commercially run glamping or camping site.

If a yurt is to be used for residential or commercial use (such as a café), planning permission will be required. As with glamping pods and shepherds huts, the considerations that determine the need for permission rely upon the yurt's permanence and size and each case can be different.

Further information on whether planning permission will be required for glamping structures can be found within CLA Guidance Note GN12-24: Glamping Structures and Planning (England only).

If a gazebo is located within the curtilage of a dwelling, it can be considered as a garden building (providing it is less than 2.5m in height and covers less than 50% of the garden area) and will fall under permitted development rights. However, if the gazebo is to be used as a permanent structure for more than 28 days in any calendar year, or it is located within a designated area (such as a Conservation Area), it will require planning permission.

Marquees, often used for events or temporary commercial purposes, usually do not require planning permission if erected for less than 28 days in a year. However, if a marquee is to be used regularly or as a semi-permanent structure (such as a wedding venue), planning permission for not only its siting but also change of use of the land will be required.

Regardless of the material of the stables, their development will require planning permission. Whilst stables can be associated with agricultural uses, the keeping of horses does not fall within the definition of agriculture as set out by The Town and Country Planning Act 1990. This means that the permitted development rights that exist for the erection of agricultural buildings do not apply to stables. Any stable will require full planning permission and in the case that it is sited on agricultural land, the use of the land shall need to be changed for agricultural sui generis (for equestrian use).

It is important to understand the planning permission requirements for any temporary structure before placing it on your land. In some cases, permitted development rights may apply under the Town & Country Planning (General Permitted Development) (England) Order 2015 as amended (more information on the permitted development rights for the temporary uses of land and buildings can be found within CLA Guidance Note GN03-24). There is a misconception that temporary structures do not require planning permission due to their temporary nature but it is entirely dependent on their use, location and size as to whether planning permission is required. If planning permission is required and has not been obtained, it can result in potential enforcement action from the local authority.

If you are unsure if the temporary structure(s) that you propose require planning permission, please contact the CLA for further information. Alternatively, you can contact your local authority directly who will be able to advise on whether to submit a Lawful Development Certificate or planning application.