Camping Exemption Guidelines

A guide to exemptions

In order to use an area as a campsite, you will usually require a camping or caravan licence and planning permission. However, in some cases under the Public Health Act 1936 and the Caravan Sites and Control of Development Act 1960 there are some exemptions.

Tented Camping Sites

Under Section 269 of the Public Health Act 1936, a site licence is required if a person:

• Allows any land occupied by them to be used for camping purposes on more than 42 consecutive days, or more than 60 days in any 12 consecutive months

Subject to the above conditions, a person shall not keep a moveable dwelling on any one site, or on two or more sites in succession, if any of those sites are within one hundred yards of each other.

The definition of a moveable dwelling can be found under Section 269 of the Public Health Act 1936 and includes:

• "Any tent, any van or other conveyance whether on wheels or not, and, subject as hereinafter provided, any shed or similar structure, being a tent, conveyance or structure which is used either regularly, or at certain seasons only, or intermittently, for human habitation."

This definition does not include caravans or campervans.

The following are exempt from the requirement for a tented campsite licence:

• A moveable dwelling which is kept by its owner on land occupied by them in connection with their dwelling-house, and is used for habitation only by the owner or by members of their household
• A moveable dwelling which is kept by its owner on agricultural land occupied by them and is used for habitation only at certain seasons, and only by persons employed in farming operations on that land
• A moveable dwelling while it is not in use for human habitation

This applies solely to tents, and any caravans or campervans onsite will require a separate caravan site licence

Caravan Sites

Under the Caravan Sites and Control of Development Act 1960, no occupier of land shall cause or permit any part of their land to be used as a caravan site, unless they hold a current site licence (issued by the Local Authority) in respect of the land.
The definitions of a caravan and caravan site can be found under Section 29 of the Caravan Sites and Control of Development Act 1960 and include:

• A caravan is "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 motor vehicle or trailer) and any motor vehicle so designed or adapted". This does not include any railway rolling stock or any tent
• A caravan site is "land on which a caravan is stationed for the purposes of human habitation, and land which is used in conjunction with land on which a caravan is so stationed."

The following are exempt from the requirement for a caravan site licence:

• Incidental use within the curtilage of a dwelling-house
• The stationing of a single caravan for no more than two consecutive nights for a maximum of 28 days in any 12 months
• Up to three caravans on a site of not less than five acres, for a maximum of 28 days in any 12 months
• Sites occupied and supervised by exempted organisations 
• Sites approved by exempted organisations 
• Sites used for social get-togethers or meetings organised by exempted organisations (eg. a rally)
• Sites used to occupy seasonal agricultural or forestry workers, certified travelling showmen, or building and engineering sites
• Sites owned by a Local Authority

Further details regarding the above information can be found under Schedule 1of the Caravan Sites and Control of Development Act 1960.

60 Day Campsites

From 26 July 2023, campsites can accommodate up to 50 tents, motorhomes or campervans for 60 days per calendar year under 'Class BC' permitted development rights. 

No more than 50 pitches are permitted on the land at any one time. The amendment also does not allow for the siting of any caravan except when used as a motor vehicle designed or adapted for human habitation (e.g. motorhomes and campervans only).

You must notify our planning department in writing before you use your land for this purpose. Where the site is within Flood Zone 2 or 3, prior approval is required from our planning department before commencement of development in each calendar year.

Alternatively, until 25 July 2024, land can still be used to site an unlimited number of tents for up to 28 days per calendar year without requiring planning permission.

Should you solely wish to accommodate tents on site, you will only require a licence if the site is operating:

• for more than 42 days consecutively or
• more than 60 days in total in any 12 consecutive months

If you wish to accommodate campervans/motorhomes in addition to any tents on site, or if you solely wish to accommodate campervans/motorhomes on your land, you will need to apply for a caravan site license

Which can be applied for on the following link: Application for a caravan and camping site licence from Torridge District Council (www.gov.uk)

However we recommend you notify our planning department if you wish to use your land as a recreational campsite for up to 60 days before submitting a licence application. 

Further information relating to the amendment to permitted development rights and temporary recreational campsites.

Exempted Organisations

You can apply for an exemption for camping tents and/or caravans if your organisation promotes leisure and recreation. You can also apply to join an exempted organisation.  Certificates will be awarded subject to the organisation satisfying criteria relating to the conditions of the campsite and the constitution of the organisation.

Additionally, exempted organisations (eg. the Caravan Club and Camping and Caravanning Club) can permit themselves as 'certified locations' (CLs) and 'certificated sites' (CSs), which operate without a site licence but are subject to a members only policy.

Use this link to download a list of clubs with caravan and camping exemption certificates.

There are two main types of exemption certificates:

• Camping exemption certificate - for tents only
• Caravan exemption certificate - for caravans, campervans and motorhomes only

Both exemption certificates will be required if tents and caravans use the site at the same time.

Notification of an Exemption Certificate

If you have been issued with an exemption certificate from an exempt organisation, please could you notify us via email to planningsupport@torridge.gov.uk