Introduction
Our client in Aberfoyle, needed additional space to care for a family member. The proposal was to site a single-unit mobile home within the garden of the property, to be used by an elderly relative requiring close support. Because the site sits within Loch Lomond & The Trossachs National Park, and already combines residential and holiday-let uses, it was important to ensure that the accommodation could be provided lawfully and without risk of future enforcement.
The Challenge
The key issue was whether the mobile home would be classed as “development” needing planning permission, or whether it could be lawfully stationed as part of the existing residential use. This meant demonstrating two things: that the unit fell within the legal definition of a caravan, and that it would remain clearly ancillary to the main house, not forming a separate planning unit.
Our Approach
To give the client certainty, we advised that the right route was a Certificate of Lawfulness application under Section 151 of the Town and Country Planning (Scotland) Act 1997. We supported the application with detailed drawings, a clear planning statement, and references to case law and appeal decisions that deal with common misconceptions about mobility and service connections. We also set out how the unit would function in practice – positioned close to the house, sharing services and access, and providing care within the family setting.
Outcome
On 24th October 2025, the National Park Authority confirmed that the proposal was lawful. The Certificate of Lawfulness gives the client the assurance they need to proceed, knowing that the mobile home can be used without the risk of planning enforcement.
How We Added Value
Our role was to make a potentially complex issue straightforward for both client and authority. By addressing the legal tests clearly and anticipating questions that often arise with these applications, we presented a case that was easy to follow and robust in its evidence. This ensured a smooth decision and avoided unnecessary delays.
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