Change of use from Agri to domestic

mr_green_3

I hope this is the correct forum and somebody may have had experience of this. I own a piece of land next to my house which I am told by the Council is Agricultural land. The previous owner (up to a year ago) and for at least the past twelve years has parked cars, a boat and a trailer on the land. Nobody ever questioned or complained to the council about. I want to continue to park my cars thereon but now somebody has complained about them. I am told that if it was happening for over 10 years then there was nothing to prevent you from continueing to park the cars there and effectively it changed the use of the land from Agricultural to Domestic. Is this true?. I would like to be forearmed before I see the enforcement officer. Is there anywhere on the web that I can find an answer?

anotherbigspender

Technically if you can prove that the land has been used for the parking of vehicles for a period of 10 years or more then the Council cannot enforce against it.

The enforcement officer (if he is any good at his job and depending on the Council's opinion on the lawful use of the land) will probably slap an enforcement notice on you unless you make an application for a certificate of lawful use.

You'll need to prove to the Council that the land has been used for the parking of vehicles for 10 years or more. Evidence can include things like photos, recepits, signed statements from neighbours, etc. It might be difficult for you to prove it but the onus is on you I'm afraid.

If you can't pove it then you could apply to change the use of the land ... I'd need more details to advise on your chances of success, but a long history of that use taking place is a good start.

HTH

mr_green_3

Thank you Anotherbigspender,
There are three people I can obtain statements or Affidavits from, 1. The previous owner, who owned the property for 18 years, 2. My next door neighbour who parked his boat on there for at least five years and 3, the original owner of the land who sold the land to no 1. All of them can give me a statement, and have said that they will.
Would it be advisable to let the enforcement officer know this beforehand or just let him know that there were vehicles parked there for a number of years and see how he reacts. He may advise me to put in an application for change of use!!!!! without going through all the hassle. Although Local Auth, like hassle dont they.?

clutton_2

I think you will need to get "Statutory Declarations" from folks who have made use of this land - btw - i had seriously thought it was 12 years ?

mr_green_3

Thanks Clutton,
I could get sworn affidavits as opposed to written statements under the criminal justice act.
Somebody mentioned that the period of time had been reduced from 10 years to four years but I have not been able to firm that up. yet. I'll sleep on it.

clutton_2

I have seen several Stat Decs on property deeds, which were usually folks saying "i bought his house in x year, the plot marked x-y on attached plan was not part of the purchase. i have used plot x-y for the past x year, As the plot was not registered as being owned by anyone, i claim ownership" - that sort of declaration. These Decs are usually drawn up by solicitors and witnessed etc.

More importantly have you looked on the council Local Plan to see exactly how this land is classified ?

anotherbigspender

Anything other than residential uses has to be in place for 10 years or more (residential is 4 years) before it becomes lawful.

The enforcement officer may not give you an indication of what the Council will do, he may just be on an evidence gathering mission.

When the situation comes to a head, i.e. when the Council inform you of what action they will take, if they propose to enforce the alleged breach then you should make it clear that you have sufficient evidence in the form of Affidavits from the right people to prove that the land has been used in its present form for a period of 10 years or more. They should then give you the opportunity to submit that evidence for scrutiny. If the Council's legal people are ok with it, the planners will issue you with a certificate of lawful use and there endeth the matter.

If they don't like it, they may invite an application for change of use or, if the planners don't think its likely to get permission, move straight to serving an enforcement notice. This will give you a period of time, usually 2/3 months, to cease the use and return the land to its former state. You can appeal against the enforcement notice when and if it gets that far, but we're getting a bit ahead of ourselves already.

Wait and see what the enforcement officer says and come back to me - a PM is fine if you'd rather not post it.