Planning permission for shepherd's huts used as glamping
Most owners rely on an exemption that does not do what they think it does. Here is the difference between the licensing rules and the planning position.
Shepherds hut planning permission for glamping is needed as soon as the land is used for holiday accommodation, and the most common mistake in this sector is relying on an exemption that applies to site licensing rather than to planning. The two regimes run side by side under different Acts, and an exemption from one does nothing for the other.
Two questions settle the position on any particular holding. Is the hut a caravan or a building, and has the use of the land materially changed.
Is a shepherd's hut a caravan or a building
The definition in section 29(1) of the Caravan Sites and Control of Development Act 1960 covers any structure designed or adapted for human habitation which is capable of being moved from one place to another, whether by being towed or by being transported on a vehicle or trailer. A hut on cast iron wheels, or on skids that a tractor can shift, normally meets it.
What takes a hut outside the definition is permanence of attachment rather than size. Setting it on a concrete plinth with the wheels removed, connecting mains services in a way that prevents movement, or building a fixed deck and steps around it, all point towards a building. So does a hut delivered in sections and assembled on site above the twin-unit dimensions, which are 20 m in length, 6.8 m in width and 3.05 m of internal height as amended.
The classification matters for three reasons. A building needs Building Regulations approval and a caravan does not. A caravan site needs a site licence and a group of buildings does not. And in planning terms a building is harder to argue as a reversible use of open countryside.
Whichever it is, siting it on land changes the use of that land, and that is the question the planning authority is actually deciding.
Day allowances and what they do not cover
Class B of Part 4 of Schedule 2 to the General Permitted Development Order 2015 permits the use of any land for any purpose for not more than 28 days in total in a calendar year, together with the provision of moveable structures for that use. A hut moved on and off within that allowance can fall within it.
The limits that catch people out:
- The 28 days are counted across all temporary uses of the land in the calendar year, and days spent setting up and taking down are days of use.
- The right applies to land and not to buildings, so a barn used alongside the huts for reception or washing facilities is outside it.
- Permanent associated works, such as a hardstanding, a service block, a treatment plant or a track, are development in their own right and are not covered.
- The right is restricted on some land, so check the current text of the Order before relying on it.
A separate and quite different allowance sits in Schedule 1 to the 1960 Act, which exempts certain uses from the site licensing requirement, including the use of land of five acres or more for a small number of caravans for limited periods, and use by members of organisations holding an exemption certificate. These are exemptions from licensing only. They do not grant planning permission, and an owner operating under one without permission is exposed to enforcement.
Material change of use to a camping or caravan site
Beyond the day allowance, siting huts for paying guests is a material change of use of the land and needs permission. The description of development should state the number of huts, their siting, the facilities provided, the season of operation and whether any existing building is used in connection with the business.
National policy supports sustainable rural tourism and leisure development that respects the character of the countryside, and most local plans carry a supportive tourism policy. The principle rarely fails. The application fails on landscape effect, on access, or on drainage, and the way to answer that is to set the case out in order in a Planning Statement rather than leaving the officer to assemble it.
A certificate of lawfulness under section 191 or 192 of the Town and Country Planning Act 1990 is the only formal way to confirm that a use is lawful without permission. Where a business has operated within the day allowance for years and wants to borrow against it, that certificate is what a lender will ask for, and it needs a dated log of occupancy with photographs rather than a recollection.
Siting, screening and dark skies
Huts are small, which helps, and they are often painted in colours that do not. The elements that cause landscape harm are regular spacing, a uniform finish, parking slabs beside each unit, and lighting.
| Design decision | What works |
|---|---|
| Siting | Against existing landform, hedgerow or woodland edge rather than in an open field |
| Spacing | Irregular, with planting between, rather than a grid |
| Finish | Muted, recessive colours with matt rather than reflective roofing |
| Parking | A single shared area with a short walk, rather than a slab per hut |
| Lighting | Low level, warm, shielded, with a curfew |
Dark skies are a genuine selling point for this product, so the lighting strategy and the commercial pitch point the same way. Where the site is in or near a protected landscape, a Lighting Assessment designed to the darkest environmental zone will do more for the application than any amount of policy argument, and a Landscape and Visual Impact Assessment is proportionate on an exposed site.
Drainage and water for off-grid units
This is where most small glamping schemes are weakest. The options are a connection to an existing foul drain, a package treatment plant serving a central facilities block, a septic tank with a drainage field where ground conditions allow, or composting and cassette toilets with a disposal point.
Whichever is chosen, the discharge is regulated by the Environment Agency, either under the general binding rules for small sewage discharges where the scheme stays within the thresholds or under a permit where it does not. Size the solution on peak summer weekend occupancy, not on an annual average, and put the calculation in a Foul Sewage Assessment rather than asserting that a plant will be installed.
Water supply needs confirming with the undertaker, or on a private supply a yield and quality assessment, because a borehole that serves a farmhouse will not necessarily serve 12 huts in August.
Access, parking and emergency vehicles
The access question is the same as for any rural leisure use. Visibility splays designed to measured speeds rather than the signed limit, a passing arrangement on a single track lane, parking provision for guests and staff, and a route an ambulance and a fire appliance can use in wet conditions.
Fire service access is the one that gets forgotten on grass-surfaced sites. A reinforced route to within a reasonable distance of each hut, and a water supply the fire service can draw from, are worth agreeing early.
The site licence that follows permission
Where the huts are caravans, a site licence under the 1960 Act follows the planning permission and is issued by the same council under different legislation. Its conditions cover spacing between units, fire points, roads, lighting and services, and the spacing standards can change a layout that already has permission.
Design to the licensing standards from the start. An operator who obtains permission for a layout the licensing team will not licence has two consents to unpick and a season lost.
This is general guidance, not legal advice. Caravan definitions, permitted development rights and licensing standards change, so check the position with your local planning authority or a qualified professional before relying on it.
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Frequently asked questions
Is a shepherd's hut a caravan?
Usually yes, if it remains capable of being moved by towing or on a vehicle or trailer, which is the test in section 29(1) of the Caravan Sites and Control of Development Act 1960. Setting it on a plinth with the wheels removed, fixing services so it cannot move, or building a permanent deck around it points towards a building instead.
Can I site huts for 28 days a year without permission?
Class B of Part 4 of the General Permitted Development Order 2015 permits the use of land for any purpose for up to 28 days in a calendar year, with moveable structures. Set-up and take-down days count, the allowance covers all temporary uses of that land, and permanent works such as hardstanding, tracks or a service block are not covered.
Does the five acre exemption mean I do not need planning permission?
No. The exemptions in Schedule 1 to the 1960 Act, including the one for land of five acres or more, are exemptions from the site licensing requirement only. They do not grant planning permission for a material change of use, and operating under one without permission leaves the business exposed to enforcement action.
What drainage solution do councils accept for glamping?
A foul connection where one exists, otherwise a package treatment plant serving a central facilities block, a septic tank with a drainage field where ground conditions allow, or composting and cassette toilets with a disposal point. The discharge is regulated by the Environment Agency, and the solution must be sized on peak summer weekend occupancy.
Do I need a site licence as well as planning permission?
Where the units are caravans, yes. The licence is issued by the council under the Caravan Sites and Control of Development Act 1960 and follows the planning permission. Its conditions cover unit spacing, fire points, roads, lighting and services, so design the layout to the licensing standards from the outset.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.