help please - planning clause issues

craigmm

Can anyone please explain this to me in normal English?


I am in dispute with my local Council - I have purchased land beside my property. I then had neighbours complain about something else in my garden so I had to let them into my garden to measure up - the complaint has been ruled in our favour. BUT they saw that I had put a 'shed' on the new land which they are telling me I cant do as it was a clause when I purchased the new land and quoting the clause below which I just don't understand. The property itself is ex-LA (as many are these days) and our Solicitor said at the time that all ex-LA property have the same clause that you cant have a shed, boat, greenhouse or anything else on them....


Any comments/advice appreciated

CLAUSE:


Notwithstanding the provisions of Article 3, Schedule 2, Part 1, Classes E and F and Part 2, Class A of The Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no buildings, enclosures or containers shall be erected on the application site nor shall any hard surface be provided except pursuant to the grant of planning permission on an application made in that regard

System

it looks like it means you don't have normal permitted development rights and therefore any building/hard surface will require planning permission.

Davesnave

the_r_sole wrote: »

it looks like it means you don't have normal permitted development rights and therefore any building/hard surface will require planning permission.

....which you can still apply for retrospectively.

stator

Move the shed. Invite them round to see. Move it back.

patman99

You now have 2 choices.

Choice 1 - Apply for PP for the shed.
Choice 2 - Stick the shed on a trailer as the clause makes no mention of trailers or vehicles.

Davesnave

There is a discrepancy between what you say your solicitor says:

" our Solicitor said at the time that all ex-LA property have the same clause that you cant have a shed, boat, greenhouse or anything else on them...."

and what the clause says:

"no buildings, enclosures or containers shall be erected on the application site nor shall any hard surface be provided except pursuant to the grant of planning permission on an application made in that regard."

The first quote implies that PP can't be obtained at all, and the second, that it can, if approved.

So there are two questions here; the first being what is the state of play regarding sheds etc on the other gardens nearby? Have they been allowed? If they have, it would be more difficult for the council to deny you one. However.....

The second question is how the land was classed at the time of sale and how it's classed now. If it was agricultural land, it would have required PP for anything other than a movable field shelter, which would only have been granted if an agricultural need had been established. If it's been re-designated 'garden land' then the situation is as the paragraph above.

PasturesNew

craigmm wrote: »

... no buildings, enclosures or containers shall be erected on the application site

No sheds or fenced off areas or containers can be put on the land

craigmm wrote: »

nor shall any hard surface be provided

And you can't concrete it over, or lay down a big patio

craigmm wrote: »

except pursuant to the grant of planning permission on an application made in that regard

Except if you've been granted planning permission, which you can apply for to do any of these things.

So, the short answer is: You can, if you apply for planning permission and are granted it.

craigmm

Thank you for all the helpful comments


We have the area fenced in as we received planning permission for that and as much as I like the idea of putting the shed on a trailer it is used to house fish equipment for my marine fish tank which is located within the house - absolutely no way we can move it :-( We also have the roof of the shed below the line of the fence so cant be seen by anyone from the road,
We didn't know if the building would come under class E ?

Davesnave

If the council excluded permitted development rights deliberately on your property's title docs, as in your original post, then the provisions of Class E don't apply, hence the need for PP.

To deny you PP, however, the council will surely have to show good reason on planning grounds.

craigmm

Ok thank you

WestonDave

You don't actually have to move it - there is a case locally where a community allotment was facing a similar problem of getting planning permission for a greenhouse or shed. Just make it technically moveable.


http://www.bathchronicle.co.uk/Wheely-good-idea-beat-planning-red-tape/story-11349890-detail/story.html