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Author Topic: Permitted Agricultral development  (Read 8767 times)

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Permitted Agricultral development
« on: September 14, 2014, 06:10:19 pm »
Does anyone have any experience.
To keep it short  i have 6.5 acres and to qualify for the 12.5 acre rules do i have to own all 12.5 acres or would i be able to rent another 6 acres. Would it still qualify with the additional 6 rented acres or would i have to purchase it to qualify

Roxy

  • Joined May 2009
  • Peak District
    • festivalcarriages.co.uk
Re: Permitted Agricultral development
« Reply #1 on: September 15, 2014, 04:42:22 pm »
So long as your holding totals 12.5 acres that is what matters. You may have to prove you are renting the remaining land.  I am going through this now, my land is split, 4.5 miles from one another. 

Not the land bit that's the worry, but while speaking to the building firm, I am interested in buying from, they said my stumbling block may be that my small flock of sheep, bigger herd of goats, an few pigs, may not warrant permitted development.  They said I may as well put in for proper planning permission. 

YoungRasher

  • Joined Aug 2012
  • DERBYSHIRE
Re: Permitted Agricultral development
« Reply #2 on: September 15, 2014, 05:02:42 pm »
I got mine built using permitted development before I'd even bought my sheep. The forms were filled in for a steel framed 60' x 30' barn for the use of machinery storage and fodder store.

henchard

  • Joined Dec 2010
  • Carmarthenshire
    • Two Retirees Start a New Life in Wales
    • Facebook
Re: Permitted Agricultral development
« Reply #3 on: September 15, 2014, 05:07:41 pm »

http://adlib.everysite.co.uk/resources/000/264/299/annexepps7.pdf

Surely the key is ' trade or business'

The following extracted from the above pdf. To be within the rules I would think the total land needs to be a 'Unit' you must be able show it is for the purposes of a trade or business. I could have it totally wrong though.

must be on agricultural land, which means land in use for agriculture for the purposes of a trade or
business
, and excludes any dwelling house or garden;

 must be reasonably necessary for the purposes of agriculture within the unit. This condition does
not require that a new building should necessarily accommodate an agricultural use already
existing in the unit. Agricultural developments which are entirely self-contained and have no
direct relationship with the rest of the unit may thus benefit from permitted development rights;

 must not give rise to, or alter or extend, a dwelling;

 must not be within 25 metres of the metalled part of a trunk or classified road.

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Permitted Agricultral development
« Reply #4 on: September 15, 2014, 05:51:04 pm »
So long as your holding totals 12.5 acres that is what matters. You may have to prove you are renting the remaining land.  I am going through this now, my land is split, 4.5 miles from one another. 

Not the land bit that's the worry, but while speaking to the building firm, I am interested in buying from, they said my stumbling block may be that my small flock of sheep, bigger herd of goats, an few pigs, may not warrant permitted development.  They said I may as well put in for proper planning permission.

From what i have read you should be ok  whatever you do dont mention housing animals in new building  Say its for food storage machinery /tackle storage.

Hope i can rent some i am a real accidental smallholder long story
But need to start a permited development once you start you have 5 years to complete anyway also the right to temp accomodation till its built ie mobile home
« Last Edit: September 15, 2014, 06:00:56 pm by mart6 »

Roxy

  • Joined May 2009
  • Peak District
    • festivalcarriages.co.uk
Re: Permitted Agricultral development
« Reply #5 on: September 15, 2014, 11:44:13 pm »
We are in an area of outstanding beauty, on the edge of the Peak Park - by edge I mean just up the road.  I will bear in mind that my development is for hay etc. not for livestock!!  I cannot see them allowing me to have a caravan though.

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Permitted Agricultral development
« Reply #6 on: September 16, 2014, 01:52:54 am »
We are in an area of outstanding beauty, on the edge of the Peak Park - by edge I mean just up the road.  I will bear in mind that my development is for hay etc. not for livestock!!  I cannot see them allowing me to have a caravan though.

http://adlib.everysite.co.uk/resources/000/264/299/annexepps7.pdf

See page one at bottom re animal housing.
Dont mention that as a use to council

oor wullie

  • Joined Jun 2012
  • Strathnairn
Re: Permitted Agricultral development
« Reply #7 on: September 16, 2014, 09:41:09 am »
The rules for me in Scotland are probably quite different to you in England so the following is probably no use to you whatsoever (but it might be to someone else).

If you holding is over 0.4ha you only need PP if the building is over a certain size, within 25m of a road or if you want to house poultry, pigs, animals bred for their skin or slurry within 400m of a house.  No restrictions on a building for any other animals.
If you don't fall foul of any of the above restrictions all you have to do is submit prior notification to the council.  A simple form with a 70 fee (the PN I submitted last month was just a basic pencil drawing of a shed that I did myself).  If the council does not object within 28 days you can start building.

The first time I submitted prior notification for a building we were doing nothing with the land (needed a shed before we could get animals) however the council never asked anything about how much agriculture was going on so it made no difference.

http://www.highland.gov.uk/downloads/file/10899/prior_notification_guidance

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Permitted Agricultral development
« Reply #8 on: September 16, 2014, 11:05:36 am »
The rules for me in Scotland are probably quite different to you in England so the following is probably no use to you whatsoever (but it might be to someone else).

If you holding is over 0.4ha you only need PP if the building is over a certain size, within 25m of a road or if you want to house poultry, pigs, animals bred for their skin or slurry within 400m of a house.  No restrictions on a building for any other animals.
If you don't fall foul of any of the above restrictions all you have to do is submit prior notification to the council.  A simple form with a 70 fee (the PN I submitted last month was just a basic pencil drawing of a shed that I did myself).  If the council does not object within 28 days you can start building.

The first time I submitted prior notification for a building we were doing nothing with the land (needed a shed before we could get animals) however the council never asked anything about how much agriculture was going on so it made no difference.

http://www.highland.gov.uk/downloads/file/10899/prior_notification_guidance

Looks very close to English rules except it has to be 5 hecters in England   :(
« Last Edit: September 16, 2014, 11:07:09 am by mart6 »

oor wullie

  • Joined Jun 2012
  • Strathnairn
Re: Permitted Agricultral development
« Reply #9 on: September 16, 2014, 01:59:08 pm »
I assumed there was a difference because of the concerns people have highlighted about livestock use.

If the rules are similar then as long as you are not building a poultry or pig shed or a slurry store or a mink farm within 400m of a house there should be no concerns.  Outwith 400m from a house you can build for any (agricultural) purpose and within 400m there should be no problems with housing for cattle/sheep etc.

stufe35

  • Joined Jan 2013
Re: Permitted Agricultral development
« Reply #10 on: September 16, 2014, 02:29:18 pm »
We have just got permission for an agg storage building- we are 10 acres so had to apply for planning, the good news is the fee is about 80  not the 400 ish for full planning----so applying really isnt that much of an issue--if the reasons are genuine and the building thoughtfully positioned there will be little reason for refusal.
Ours went through no problem dispite a local well known nasty neighbour objecting. I understand the guidance is to propmote development at the moment to get the economy moving.

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Permitted Agricultral development
« Reply #11 on: September 16, 2014, 03:22:33 pm »
I  am right on border n one side is next county/council, if i add the extra 6 acres and its under a different council will it affect the permitted development ?
Dont think i will get it under normal planning - long story

Roxy

  • Joined May 2009
  • Peak District
    • festivalcarriages.co.uk
Re: Permitted Agricultral development
« Reply #12 on: September 17, 2014, 04:00:37 pm »
I have land on the Cheshire side and also Derbyshire side.  My largest plot is Cheshire.  As I am only 4.5 miles from the other farm, I have one holding number.  So, assume its ok to class it as one acreage.  County border is the farm next door - just two fields away.

Not sure what would happen if the other land was further off than where it is though. 

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Permitted Agricultral development
« Reply #13 on: September 18, 2014, 06:04:34 pm »
I have land on the Cheshire side and also Derbyshire side.  My largest plot is Cheshire.  As I am only 4.5 miles from the other farm, I have one holding number.  So, assume its ok to class it as one acreage.  County border is the farm next door - just two fields away.

Not sure what would happen if the other land was further off than where it is though.
Thanks for reply was not sure my property boundry is bang on border next field is next county/council
dont want to ask planning department anything just yet as they have not really been helpful
and are not keen on allowing residential accomodation

GeorgieB82

  • Joined Jun 2011
  • Saron, Llandysul, Carms
    • Wthan Online
Re: Permitted Agricultral development
« Reply #14 on: September 18, 2014, 07:59:24 pm »
I'm on holiday with my friends who are planning officers and they say that you don't have to own it but you need a formal agreement to rent the extra land for at least 7 years.
Why not have a look at our smallholding - www.wthanonline.co.uk

 

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