Author Topic: Permitted development on less than 5 hectares (Read 3945 times)

Bumpkin · « **on:** August 25, 2022, 07:48:06 am »

Hello, I'm new to the forum and have recently been lucky to buy 7.5 Acres of agricultural land. Currently it is just a bare field that has been used for sheep and haymaking but I'd like to be able to keep my ponies and some other animals there (this won't be happening yet!). I've no desire to be building a house there ever unless there's a drastic change in planning laws which would make it easier!

My questions are:

Is it possible to get round permitted development rules by renting additional land to make it up to 5 hectares?

Does anyone know the rules around creation of a hardstanding under PD?

If we build a "hay storage shed" then later start using it for housing animals is this likely to be an issue?

What are the rules about having a crappy caravan for storage and somewhere to make a cup of tea/get out of the rain? Similarly if I wanted to store a livestock trailer there is that allowed?

Bywaters · « **Reply #1 on:** August 25, 2022, 04:44:59 pm »

My understanding is this;
It is the Holding that has to be 5 ha, so if you rent some more, then you need to make sure that the owner isn't already claiming it as his/hers
Planning dept will still want to see details of whatever you propose to erect when you get the holding sorted and can refuse (been there )
Temporary buildings / caravans are ok

Others may well know better than the above, in which case I apologise for misinformation

Buttermilk · « **Reply #2 on:** August 25, 2022, 07:49:06 pm »

If you use mud control slabs as your hardstanding they do not need planning as they are removeable.

Yes you can rent more land to make up your 5ha for permitted development.

I put up a 60'x30' barn and have put internal stables inside with no problems. As long as you store some hay/straw ect in the barn then there should not be any problems.

Anke · « **Reply #3 on:** August 26, 2022, 10:03:41 am »

If the land is under section 75 (as in striclty agricultural) don't put ponies in at the start - they are not classified as livestock, so would be better starting off with sheep, and then add the ponies later.

We were allowed (more than 10 years ago) to put up a polytunnel and a goat + hay shed on our field (section 75), but we do not keep horses at all. Without having to get additional land or anything like that, but I think rules have changed in the interim.

Storing a livestock trailer in the field should not be a problem, other than it won't be there for very long, unless it is clearly not towable... I would be planting a fast-growing hedge asap on the road-side.

Bumpkin · « **Reply #4 on:** August 28, 2022, 10:33:17 am »

Thank you for that - luckily for me the land has very high hedges on all 4 sides!

My relative who is Co owner of the land does have land elsewhere, however its in Ireland. He seems to think that there's some possibility of including this to make up the acreage, but I'm not so sure as it seems a bit outlandish!

I've seen mud control mats but they're so expensive that I don't think they would be an option currently.

How can you find out if the land is section 75? I think it is but not 100% sure.

doganjo · « **Reply #5 on:** August 29, 2022, 07:35:13 pm »

I can't find a register of land under section 75 but this might get you started

https://www.lindsays.co.uk/news-and-insights/insights/what-do-landowners-need-to-know-about-section-75-agreements

Bywaters · « **Reply #6 on:** September 02, 2022, 09:24:21 am »

is Section 75 a Scottish equivalent of a 106 agreement in England ?

Bumpkin · « **Reply #7 on:** September 02, 2022, 02:40:14 pm »

I'm really confused by the mention of the section 75, from reading that link I can't see that it's relevant at all to my little field in Devon. It looks to me like that's the sort of thing that gets brought in if you want to build a housing estate??

doganjo · « **Reply #8 on:** September 03, 2022, 02:38:40 pm »

This is maybe more applicable in England
https://blackstonesolicitorsltd.co.uk/category/news/what-can-i-build-on-agricultural-land-without-planning-permission/#.YxNgoHbMLIU

landroverroy · « **Reply #9 on:** September 06, 2022, 02:29:12 pm »

Quote from: Bumpkin on August 25, 2022, 07:48:06 am

My questions are:

1. Is it possible to get round permitted development rules by renting additional land to make it up to 5 hectares?

2. Does anyone know the rules around creation of a hardstanding under PD?

3. If we build a "hay storage shed" then later start using it for housing animals is this likely to be an issue?

4. What are the rules about having a crappy caravan for storage and somewhere to make a cup of tea/get out of the rain? Similarly if I wanted to store a livestock trailer there is that allowed?

1. Yes. When I applied, all I had to do was state the size of my holding, and did not have to specify if owned or rented.
2. Depends how much hardstanding you want, and if anyone's going to notice.
3. No. It's what most people do to get animal housing because if you initially state that you are planning to put animals in, then there are more regulations involved. Put animals in later and no one local can remember what you actually applied for initially and so it becomes accepted. Unless you keep your animals so close to someone's house that they become a nuisance and trigger a complaint. If the complaint is unreasonable (ie your building is say 100yds from their house) you put in planning permission for change of use. This is generally easier to get than applying for animal housing in the first place, as you have already achieved getting the building, so even if animal use is refused, then you still have the building.
4. Technically even a mobile building requires planning permission(although people will tell you otherwise) But in practice, if it's not an absolute eyesore and looking like an encampment, and no one complains, then it is usually tolerated and the planners don't bother.