Change of use of land

BrownTrout

situation is this
land added to property from the council which was a small piece of recreational land (its class)
This is now part of the property and i am asking does this need a planning application
If it does what is the application class as,?, is it from recreational to domestic garden
i have googled and i have not found much stuff, as its not for example its not agricultural land to garden

canaldumidi

Yes since it is no longer 'recreational use'.

Change from F2(c)   to C3(a) I imagine.

https://www.gov.uk/guidance/when-is-permission-required#changesofuse

A change of use of land or buildings requires planning permission if it constitutes a material change of use. There is no statutory definition of ‘material change of use’; however, it is linked to the significance of a change and the resulting impact on the use of land and buildings. Whether a material change of use has taken place is a matter of fact and degree and this will be determined on the individual merits of a case.

If planning permission is required for change of use, there may be permitted development rights which allow change of use without having to make a planning application.

user1977

When did the change of use occur? Might have lawful use if you've "got away with it" for more than x years. 

BrownTrout

Thanks. It's only 2 years ago. The question would anyone know as its the back of a property by some woods and no public access. Leads to a stream.
Would anyone even say anything?

BrownTrout

can anyone else advise on my comment above pls

eddddy

BrownTrout said:

Thanks. It's only 2 years ago. The question would anyone know as its the back of a property by some woods and no public access. Leads to a stream.
Would anyone even say anything?

Are you saying that the 'recreational land' was part of a piece of woodland owned by the council, but the public have no access to it?

What do you want to use the land for? If you want to leave it as it is and use it for 'recreation', that's not really a change of use.

If you want to make it into a garden - e.g. cut down trees, lay a lawn, make flower beds, make a vegetable patch, lay a patio etc, that's potentially a change of use.


If you do change the use, the council would probably only find out if somebody complained - for example:

• A neighbour who is upset with you for some reason, so gets revenge by reporting your use of the land to the council
• An environmentalist who is upset that you're destroying a piece of natural habitat

BrownTrout

Thanks, it is basically at the bottom of the garden, and yes no one can access it at all, the council just happened to own it for what ever reason, it leads down to a stream, the two neighbours are old and keep themselves to themselves