Retrospective planning permission - need help!

planning_officer

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.

Pastural comes under the definition of 'agricultural'. I agree it looks like a field used for crops (from the photo on the other thread) - the definition of agriculture is given on page 4 of the link posted by Debt_free_chick above - as follows:

Agriculture includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of woodlands where that use is ancillary to the farming of land for other agricultural purposes.

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[FONT=Arial,Italic][FONT=Arial,Italic]So there's no control over what you can grow on it or the animals you can graze on it provided it's used for agriculture - you can grow crops, graze cows, llamas, plant apples trees for an orchard etc. That's all agriculture. The issue in this case is that it's in the Green Belt, therefore any extension of a residential garden into the countryside is not acceptable - especially as, from the photo, it looks like a pretty big and prominent corner plot of a field - therefore to use it as garden, put fences up, erect sheds, mow the lawn, construct a new driveway, etc, would change the character of the land in quite a big way![/FONT][/FONT]

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silvercar

A few fruit trees would be easier to manage than a few pigs - and less smelly.

Ragtimeplayer

I have visited with the planning department today and they helped me fill in the forms, not a scary as I originally thought.

They did say that it would probably be refused but not to give up hope as it would then go to appeal donw in Bristol and they had had people who were successful with it.

The scariest thing for me is the thought of having to take up the gravel we have put down and which has been driven on for the last few months so it is well compacted. The other thing is the fence, it cost a fortune as we got the best we could and we wouldn't get our money back for that.

All I wanted was somewhere to have a lawn and a few flowers and for the dog to run free in safety.

Regarding the picture I posted, it might look like an odd angle but that has been taken out of the equasion now as the farmer has sold more of his land to someone else for grazing and pasture. This adjoins me and goes past me so I would be a little agricultural oasis if I do get refused. Wonder if this matters and should I mention it on my application form (which I am still trying to complete by the way).

Ragtimeplayer

I have mentioned in my supporting letter that I am planning to plant fruit trees and vegetables which is totally true. Wonder if this will make a difference.

Ragtimeplayer

anyone out there?

RLH33

To be honest as this is an application for a change of use of agricultural land to residential and the fact that it is in the Green Belt (it is isn't it?) will mean that the decision will be based on the principle of whether it is acceptable or not rather than whether you have planted fruit trees, have made it look nice, have spent a fortune on the fencing. Unfortunately very little of that type of thing will make much of a difference to the consideration of the application.

You could mention the bit about the adjoining piece of land being sold off for grazing but this does not represent a change of use as grazing land is agricultural, unless it is of course for horses when it would probably be viewed as recreational use.

If it does get refused then you can appeal to the Planning Inspectorate, but this is something you will have to do yourself, it is not automatic as is implied in your post. If the application is refused on the principle and is backed up by the policies in the local plan and Government guidance then you have a very slim chance of winning. However for the sake of filling out the forms and arguing your case it is worth a try, you never know. If you get an Agent to do the appeal for you then don't pay a fortune as the defence of such an appeal is very simple and does not need a lot of work. The times I have received appeal statements from Agents which have obviously cost upwards of a thousand pounds but only repeat info that the Inspector already has is quite startling - out of a 30 page document sometimes only 2 pages are actually relevant!!

Ragtimeplayer

Thank you for that information.

The planning lady did mention that if it gets refused and I have to appeal, that I would probably be able to do it myself rather than pay someone.