Featured property - HLL Humberts Leisure
Featured property - HLL Humberts Leisure Featured property - HLL Humberts Leisure
Planning | HouseboatsHouseboats – do they needplanning permission? HLL Planningexpert Darren Hood investigates...With the demand for new ‘individual’ forms of development andin particular, unusual styles of affordable accommodation thehouseboat is sailing back onto the agenda. Indeed, it is estimatedthat some 15,000 people live on Britain’s 4,000 miles of navigablerivers and canals and about 300 houseboats are moored in London’stidal section of the Thames alone. The form of the boats rangefrom lodge styles through to canal and river barges, narrow boatsand modern purpose built concrete hull vessels. With mooring feesranging from £2,000 to £8,000 a year depending on location; withnarrowboats, the most common residential vessels, costing from£60,000 new and from £30,000 second hand; and houseboats beingadvertised in London for sale at £1m with a mooring, it is a marketthat is on the rise. But do these require planning permission?Using the definition of a houseboat as beingeither a floating boat or other structureoccupied for permanent residential purposesor for holiday use on water, it is usually thecase that planning permission is required.The courts have held that the term “land”as used in planning legislation extends toland covered by water as was found in thecase Thames Heliport v Tower HamletsL.B.(1996). In coastal areas, nationalplanning guidance PPG20, on CoastalPlanning states that “above mean low watermark, Local Planning Authorities haveMessing aboutFrenchman’s QuayHLL Humberts Leisure is currently offering for sale 12 individualresidential houseboat moorings on the River Thames in Wandsworth.Each mooring is being offered on a 57 year licence at a price of£180,000 for up to 20m in length and £5,000 per metre thereafter.The moorings are adjacent to the successful Wandsworth RiversideQuarter development by Frasers Property Developments Ltd andmembership of a private health club within this development isavailable with the moorings.ContactJohn Mitchell BSc MRICS, Londone: john.mitchell@humberts-leisure.com t: +44 (0)20 7629 670028 Spring 2007
Planning | Houseboatspowers to control the development and use of land under the Townand Country Planning Act 1990”, in other words planning controlextends as far as low water mark. Therefore any argument that themooring of boats is not a use of “land” because they are floatingstructures, is unlikely to succeed. In short, planning permission isnormally required for permanent residential houseboats.Furthermore, permission is needed for the operational developmentof moorings (various cases have shown that works such as permanentriver bed piles or riverside mooring blocks, and fixed boardwalks,jetties, pontoons etc. are indeed operational development). In afloating restaurant case, it was agreed that mooring blocks would beengineering operations for which permission would be required.However, the use of the side of a navigable waterway for the mooringof craft in the course of navigation (e.g. for working boats or boatsbeing used for water holidays), is not likely to constitute a materialchange of use of the “land”, rather being a use incidental to theprimary use of a waterway for the purpose of navigation.Notwithstanding these general rules, as with most planning issues,there is a grey area. The grey area revolves around the point at whichthe mooring of occupied craft alongside an established waterwaydeparts from a use that could be considered to be ancillary to thatwaterway, so as to cause a material change to residential use. This isa matter of fact and degree depending on the circumstances of eachcase, and there does not seem to be a reported case that has tackledthis point.Therefore it is advisable that any developer should work out his/herproposals in full and be clear on the degree of permanence, level ofmixture of residential or recreational boats/craft being proposed andthe operational development being required prior to approachingany Local Planning Authority.(Checks should also be made with theappropriate navigation and environmental authorities.)The Planning team in the Brighton office can assist with anyplanning queries on 01273 325 911 and we have a marina andmooring expert dedicated to the development of marinas andindividual berths for all types of craft based in our London office on020 7629 6700.ContactDarren Hood BSc(Hons) Dip UD MSc MRTPI, Brightone: darren.hood@humberts-leisure.com t: +44 (0)1273 325 911on the riverwww.humberts-leisure.comHLL Humberts Leisure 29
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Planning | HouseboatsHouseboats – do they needplanning permission? <strong>HLL</strong> Planningexpert Darren Hood investigates...With the demand for new ‘individual’ forms of development andin particular, unusual styles of affordable accommodation thehouseboat is sailing back onto the agenda. Indeed, it is estimatedthat some 15,000 people live on Britain’s 4,000 miles of navigablerivers and canals and about 300 houseboats are moored in London’stidal section of the Thames alone. The form of the boats rangefrom lodge styles through to canal and river barges, narrow boatsand modern purpose built concrete hull vessels. With mooring feesranging from £2,000 to £8,000 a year depending on location; withnarrowboats, the most common residential vessels, costing from£60,000 new and from £30,000 second hand; and houseboats beingadvertised in London for sale at £1m with a mooring, it is a marketthat is on the rise. But do these require planning permission?Using the definition of a houseboat as beingeither a floating boat or other structureoccupied for permanent residential purposesor for holiday use on water, it is usually thecase that planning permission is required.The courts have held that the term “land”as used in planning legislation extends toland covered by water as was found in thecase Thames Heliport v Tower HamletsL.B.(1996). In coastal areas, nationalplanning guidance PPG20, on CoastalPlanning states that “above mean low watermark, Local Planning Authorities haveMessing aboutFrenchman’s Quay<strong>HLL</strong> <strong>Humberts</strong> <strong>Leisure</strong> is currently offering for sale 12 individualresidential houseboat moorings on the River Thames in Wandsworth.Each mooring is being offered on a 57 year licence at a price of£180,000 for up to 20m in length and £5,000 per metre thereafter.The moorings are adjacent to the successful Wandsworth RiversideQuarter development by Frasers Property Developments Ltd andmembership of a private health club within this development isavailable with the moorings.ContactJohn Mitchell BSc MRICS, Londone: john.mitchell@humberts-leisure.com t: +44 (0)20 7629 670028 Spring 2007
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