Basically we had this application come in a long while back 'Construction of rural equestrian workers dwelling and removal of existing mobile home'. The existing mobile home was an unregularised mobile home and the only way she could get permission for a new dwelling was for it to be an essential rural workers residence due to our policy of new homes in the open countryside.
The decision was made this was building and a new dwelling therefore CIL liable with an exemption claimed. it is to all intents and purposes a pre-fab log cabin which she uses as her sole residence. It is permanent feature, it was brought on the back of a truck and is not easily moveable and it probably never will be moved, it is plumbed into the mains water and electric.
However now she is struggling with the Self-build part 2 documentation as she cannot get a building certificate as building control is not classing it as a building for their purposes they are classing it as a mobile home and therefore exempt from building control legislation and requiring a certificate. The best building control can offer is a statement that they class this as a mobile home and therefore she is exempt from their perspective.
I have seen an appeal where a static caravan was not considered a 'building' for CIL purposes, but that was also a holiday let so not overly helpful for this case as this is not a static caravan.
Has anyone been in this situation and had to accept the above in order to maintain an exemption or should I be saying this is not a CIL liable development and as such does not require the exemption anyway? Any thoughts would be much appreciated.
