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Retrospective planning permission - need help!

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  • Sounds like you have no other option other than applying for retrospective planning permission for change of use. You shouldn't need an architect, just a location plan. You can do it yourself, ask your planner for advice.
  • Van1971, thanks for your comments. I don't really know how to fill it in as it looks quite complicated.

    I will ring the planning department and see if they can help me to complete it.
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  • boyse7en
    boyse7en Posts: 883 Forumite
    All land has a use. Agricultural land is for growing crops. Pasture is for animals grazing. Building land is for building and gardens

    Could the OP grow a crop of, say, mixed flowers and a small orchard :) to comply with the agricultural use bit?
  • STOP!!!!!!!!!!!!

    Your primary issue is not planning permission but "use". All land has a use classification and you have bought a piece of land classified as "agricultural". The use classification is absolutely critical to what you can and can't do with the land. You can buy a piece of land and undertake no development, so that planning permission isn't an issue. But if you use the land differently, then use is still an issue, even if you don't do any development.

    "Garden" is classed as residential use and a garden is part of the plot/title to a residential dwelling. Agricultural is "farmland" i.e. for agricultural use only. You cannot simply use agricultural land as a garden, or for any other purpose - unless you apply to have use of the land reclassified.

    Forget the drive, fence etc .... these might count as development, but that's not your problem at the moment. The issue you have to address is that of "use". You need to apply for "Change of Use" and the process is similar to that for planning permission/development - but not quite.

    I fear you will have a battle on your hands as it's clear from your earlier thread on the Gardening board that this is a sliver of a much larger plot of land. In any event, agricultural land is fiercely protected to prevent it being taken out of use - if it weren't, we'd have no agricultural land left in the country at all.

    Yes, call Planning and get all the details & forms you need for change of use - but don't get your hopes up.
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  • 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?

    It varies, but "soon". Some planning authorities give you only 28 days to submit a planning/change of use application.

    This will not go away as you are now "on their radar screen".

    If you put the application in for change of use, it will buy you some time. But if you don't get permission you'll have to return the land to its original state.

    And if you don't apply for change of use and don't return the land to its original state, you'll get an enforcement order, which will probably require you to comply within 3 months. If you ignore an enforcement order, you'll be facing Court action.:eek:
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Yes, to clarify the above - do not get your hopes up about this - the land you have purchased is agricultural land, therefore you cannot use it as part of your garden - you cannot dig flower beds, plant domestic plants, let children play on it, put sheds etc up there, include it as a lawned part of your garden etc.

    This happens a lot in my district and everyone gets enforced against and made to return the land to its lawful agricultural use - you are in Green Belt and it is pointless applying for planning permission to change the use from agricultural to garden land - it will get refused. Extending a residential curtilage into the Green Belt is simply not allowed in Green Belts.

    Sorry, but it will need to be returned to its agricultural use - use it as an allotment or an orchard.
  • MX5huggy
    MX5huggy Posts: 7,159 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Planning Officer, There is some confusion in my mind and I think others, regarding Agricutral vs Pastrual, this land from the photo is being used to row crops. With land like this is there any control over what you can grow on it? you seem to be saying there is not. Can you plant a forest? Daffs for your cut flower business? Grazing for your Larmas? etc.
  • MX5huggy wrote: »
    Planning Officer, There is some confusion in my mind and I think others, regarding Agricutral vs Pastrual, this land from the photo is being used to row crops. With land like this is there any control over what you can grow on it? you seem to be saying there is not. Can you plant a forest? Daffs for your cut flower business? Grazing for your Larmas? etc.

    Agricultural is on page 4

    Forestry is not agricultural, but an area of woodland is OK if it's ancillary (incidental) to the agricultural use.

    This is going to be a very odd and small strip of agricultural land as it's clearly part of a much larger plot/field. Not sure how that impacts your use/ownership however :confused:
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  • zarazara
    zarazara Posts: 2,264 Forumite
    just keep pigs on it. and hens. it is agricultural, after all.
    "The purpose of Life is to spread and create Happiness" :j
  • zarazara wrote: »
    just keep pigs on it. and hens. it is agricultural, after all.

    Both need management, however - pigs are not really for the novice unless you do a pig husbandry course. The area would need a stockproof fence, especially if the farmer is growing crops on the rest of that field ;) And you need to consider shelter - they need an ark each. And they ought to be moved around from time to time. Quite a lot of management with pigs .... And it's quite a small space ..... I am no pig expert, but I wouldn't have thought this would be an ideal option.

    Chooks would also need to be contained and they'll need their wings clipped to stop them flying onto neighbouring crops.

    Many things are possible .... but not necessarily feasible for the novice.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
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