Extending Garden Curtilage into Agricultural Land

drumlinruby

Hello All, 
We are building a new house. The garden curtilage is very small. We own the field behind which is designated 'agricultural land'. We would like to put in a small swimming pool & build a proper landscaped garden, greenhouse, orchard, flower beds etc. We would like to apply to extend the curtilage so we will benefit from permitted development rights.
When we submit this application will it go out to neighbours for their comments? 
What factors do you think the LA will look at? Thank you for your help! 

Section62

drumlinruby said:

Hello All, 
We are building a new house. The garden curtilage is very small. We own the field behind which is designated 'agricultural land'. We would like to put in a small swimming pool & build a proper landscaped garden, greenhouse, orchard, flower beds etc. We would like to apply to extend the curtilage so we will benefit from permitted development rights.
When we submit this application will it go out to neighbours for their comments? 
What factors do you think the LA will look at? Thank you for your help! 

Yes, you'll need to apply for change of use, and there will be a consultation on the application which usually includes sending letters to the neighbouring properties.  You'll probably be asked to put up a 'street notice' the council will send you in the post.

The council will look at all relevant policies in the local plan - so for example whether they have a policy to protect agricultural land from development.  They will also look at biodiversity and visual impact, as well as whether this change is likely to prompt similar applications from others.  One thing in particular is whether the change of use would lead to further development - so don't bank on getting PD rights on the land.  The council may be especially alert to you getting change of use to residential, then applying to build multiple dwellings on the overall larger plot of land.

If you are going to the trouble of making an application then you may as well include the swimming pool and greenhouse (at least) in the proposals.  That way you can avoid later arguments with the planners about whether what you are doing is PD.

Have you got consent for the house?  Does the consent include any conditions or removal of PD rights?  It isn't unusual for PD to be restricted on consents these days, so check carefully what you are and aren't allowed to do.

drumlinruby

Section62 said:

drumlinruby said:

Hello All, 
We are building a new house. The garden curtilage is very small. We own the field behind which is designated 'agricultural land'. We would like to put in a small swimming pool & build a proper landscaped garden, greenhouse, orchard, flower beds etc. We would like to apply to extend the curtilage so we will benefit from permitted development rights.
When we submit this application will it go out to neighbours for their comments? 
What factors do you think the LA will look at? Thank you for your help! 

Yes, you'll need to apply for change of use, and there will be a consultation on the application which usually includes sending letters to the neighbouring properties.  You'll probably be asked to put up a 'street notice' the council will send you in the post.

The council will look at all relevant policies in the local plan - so for example whether they have a policy to protect agricultural land from development.  They will also look at biodiversity and visual impact, as well as whether this change is likely to prompt similar applications from others.  One thing in particular is whether the change of use would lead to further development - so don't bank on getting PD rights on the land.  The council may be especially alert to you getting change of use to residential, then applying to build multiple dwellings on the overall larger plot of land.

If you are going to the trouble of making an application then you may as well include the swimming pool and greenhouse (at least) in the proposals.  That way you can avoid later arguments with the planners about whether what you are doing is PD.

Have you got consent for the house?  Does the consent include any conditions or removal of PD rights?  It isn't unusual for PD to be restricted on consents these days, so check carefully what you are and aren't allowed to do.

Thank you. Yes, we have full planning for the house & permitted development rights were not excluded. Disappointed our application will involve neighbour comments as we have awful neighbours who comment maliciously for the sake of it. We have set included it is for a pool, greenhouse & flowerbeds, etc. The land is very overgrown & not very useful as agri land so hopefully this will be taken into account.

There's no visual impact on anyone.

I wonder if it's worth us including that we would be happy for the LA to exclude further development?? Thank you for your help.

DevilDamo

Neighbours and others can only comment on Planning grounds.

Is it worth seeking Pre-application advice first? Otherwise, speak to a local Planning Consultant and ask them to provide you with an appraisal along with support for the formal application.

drumlinruby

DevilDamo said:

Neighbours and others can only comment on Planning grounds.

Is it worth seeking Pre-application advice first? Otherwise, speak to a local Planning Consultant and ask them to provide you with an appraisal along with support for the formal application.

Thank you. Yes, I've been in touch with one today. Thanks