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Do I Need Planning Permission for a Mobile Burger Bar on Private Land in the UK?

by Dave fitz
(Flintshire north wales)

Mobile burger bar trailer on private land in rural Flintshire, north Wales

Mobile burger bar trailer on private land in rural Flintshire, north Wales

I have a mobile burger bar trading for 4 years on private land do I need planning g permission the local council. Have recently decided I do need it is this correct? Thanks

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May 12, 2026
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by: MobCater

Hi Dave, this comes up a lot and your council is correct, you almost certainly do need planning permission for what you're doing. The four years of trading make it a particular case worth understanding properly, so let me walk you through how this works.

Planning law treats every piece of land as having a defined lawful use. Open agricultural land, a residential driveway, an industrial yard, each has its own permitted use built in. Trading from a burger bar on a regular basis is a commercial use, and if the land you trade on isn't already authorised for that purpose, then setting up there permanently is what planners call a material change of use. That's the bit that triggers the need for permission, regardless of whether you own the land or not.

In England there's a permitted development right that lets you use private land for temporary purposes for up to 28 days in a calendar year without planning permission, and that's the rule traders often lean on. The catch is it has to genuinely be temporary, not a regular pitch you return to most weeks. Wales has slightly different rules but the 28-day principle is similar. Either way, four years of consistent trading from the same private spot is well beyond what those rights cover. Your council has seen this pattern before and that's why they've come back to you.

The good news is that the four-year history actually works in your favour. Under planning law, a continuous use that has gone on long enough can become lawful through a Lawful Development Certificate, sometimes called a Certificate of Lawfulness of Existing Use. You apply to your local planning authority, provide evidence of the trading dates (invoices, dated photos, supplier receipts, EHO inspection records, anything that proves you've been there continuously), and if accepted it confirms your right to keep operating without enforcement risk. Speak to your planning officer at Flintshire Council first, then weigh up whether to apply for a certificate or a fresh planning application depending on what they advise.

One last point worth flagging. Planning is separate from your EHO food business registration and your Gas Safe paperwork, so don't let one drift while you sort the other. Keep all three current and you've got a clean trading position.

Hope that helps

David

Disclaimer: This is general advice for UK mobile catering. Planning rules vary between councils, and Wales has its own planning system on top of UK-wide principles, so always check with your local planning authority before you start trading.

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