Do I need planning permission?

WallyJB

Hi all, I’m thinking of trying to buy a small piece of land to the side of my back garden. The land is part of a small green. You can’t play ball games etc on the grass so not sure what it’s considered as. Just is a piece of grass next to a path. The land isn’t council owned, it’s owned by our estate management company. Does anyone know whether I need planning permission? Say for change of use or anything else? Have asked the council planning dept but as they don’t own it, they were not really that interested. Just want to make sure it’s all correct. Thanks all! 

DevilDamo

You wouldn’t need PP to buy the land but you would need PP should you want to develop it, irrespective of who owns it.

You could submit an application to develop the land without actually owning it. In doing so, you would have to serve notice on the owners of the land by completing Certificate B on the application form and issuing a copy of Notice 1 to the owners who have 21 days to comment, etc...

You may find the original Planning approval for the site noted this particular area as green/amenity space and as such, the LPA may not support and application for a change of use to include residential development. This ‘is’ something the LPA would be able to advise upon but may charge a fee in the way of Pre-application advice.

WallyJB

Hi Devildamo. Thank you For your advice and help. Just want to extend the garden so no development. Appreciate your response. Has helped very much. 

Apodemus

WallyJB said:

Hi Devildamo. Thank you For your advice and help. Just want to extend the garden so no development. Appreciate your response. Has helped very much. 

You may find that changing from public open space to residential garden ground is considered as development.

DevilDamo

Mickey666 said:

Is it ‘public open space’ though?    Sounds like it’s private land owned by the estate management company, so possibly only for the use of other residents, in which case it’s already being used as a ‘garden’.  

If it’s next to a (public) path, I’d assume the bit of green was public open/amenity space and as @Apodemus mentioned, that would require a Planning change of use should you wish to use it as residential gardens.

theonlywayisup

I purchased some 'farm land' for my holiday cottages and had to change the use via Planning Permission.  Find out the status of the land. 

DevilDamo

I see what you mean. Unless there is a specific ‘Private Property’ sign, then there isn’t really anything stopping the public from using it. Although I know this would cause tension with those who live and pay for its upkeep. As you say, this does all need clarification.