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Retrospective planning permission - need help!

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I bought a small piece of land from a farmer which backs onto my garden so i could enlarge it as at the moment, it is just a small concrete yard.

One of the neighbours complained about me putting a fence up (which was required by the farmers contract) and now the council have said I need planning permission to develop the land for change of use from agricultural to a garden. he also said it was unlikely the planning department would support an application for planning permission.

The planning officer was ok with me about it but did say if we don't put it back to how it was, there would be an enforcement order taken out against us.

We have already put the gravel down for the drive and put up the gatepost and 100ft fence.

He has sent the forms out to me but to be honest, I don't know where to start. We spent almost all of our money on buying the land and putting the gravel down and buying the fence. I really can't afford an architect or anything like that, especially at this time of year.

I am also worried that if I don't do anything about it, they will enforce me to do it, does anyone know what time period I would have from receiving the letter to them taking enforcement action?
Stopped smoking Jan 2007 after 23 years!
Cigarettes NOT smoked = 240,945
Smoke free days = 11 Years :T
Cash saved so far = £125,45,11
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Comments

  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Keep it agricultural and put some noisy cocks on it.
  • an application for change of use is very diferent to one for a building on the plot - as far as i know it is a lot easier.

    fill in theforms and see what happens - think that it is unlikley that any enforcment would happen at least until the change ofuse application is considered.

    you talk about forming a new access to put in a drive when may cause a problem depanding on the type of road it is going onto and if there is already an access - the development control team at teh council should be able to help you there

    good luck!
  • also the type of fence you are putting up may make a difference - if it is too high, or too close to a road you will need planning permission even after the change of use as it may not fall under permitted development
  • bap98189
    bap98189 Posts: 3,801 Forumite
    Part of the Furniture 1,000 Posts
    It sounds like you are doing far more than just fencing off a bit of land planting a few bushes and a lawn. You mention at the end of your post that you are building a drive. I take this means you are also putting in a new access to the property. Perhaps you could give us a little more information about what you are building.
  • boyse7en
    boyse7en Posts: 883 Forumite
    Why would you need an architect to apply for a change of use on land?
    I'm not sure what the technical difference is between agricultural land and garden, but I know that if you are putting in a new vehicular access you will need to inform the highways dept.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All land has a use. Agricultural land is for growing crops. Pasture is for animals grazing. Building land is for building and gardens.

    In buying a piece of agricutural land, you'dneed to apply for a Change of Use. Applying doesn't mean it will be passed/allowed.

    Having a piece of land as a garden, especially if you've already laid out some of it as off road parking, isn't agricultural use. Even off road parking needs permission from the council - and you have to pay for their approved contractors to lower the kerb.

    Fencing types/size also have rules.

    You've stumbled across a lot of rules/regulations here.
  • I didn't want to confuse the issue by giving too many details but it seems I haven't given enough!

    We already have a drive which is inadequate for turning the cars round. The field is adjacent to the back of the house and also the drive so we already have access from the road.
    The planner said the fence wasn't an issue with the highways department as it was far enough back from the road not to count. He also said it was the correct height but because the land is greenbelt, it is not allowed.

    I posed about this earlier in the year when I was thinking of buying the land, I also posted pictures, I might be able to find it on my old posts.
    Stopped smoking Jan 2007 after 23 years!
    Cigarettes NOT smoked = 240,945
    Smoke free days = 11 Years :T
    Cash saved so far = £125,45,11
  • Here it is :

    Old post
    Stopped smoking Jan 2007 after 23 years!
    Cigarettes NOT smoked = 240,945
    Smoke free days = 11 Years :T
    Cash saved so far = £125,45,11
  • I have been researching other people in the same position and came across a couple who were succcessful with their applications.

    They had trouble parking as do we and they also had what the council termed "inadequate garden" for a normal family, as do we also.

    It has totally shocked me to be honest as I genuinely didn't know I would need planning to put a fence up and a lawn down with a few plants. Actually thats not quite true because I did phone the council to ask about the fence and they said as long as it was under 2 metres, it would be fine but we didn't discuss the fact it was on agricultural land.
    Stopped smoking Jan 2007 after 23 years!
    Cigarettes NOT smoked = 240,945
    Smoke free days = 11 Years :T
    Cash saved so far = £125,45,11
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    So could you have a hedge?
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