The Accidental Smallholder Forum
Smallholding => Buildings & planning => Topic started by: Dodeca on September 13, 2020, 05:36:04 pm
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Looking to purchase about 10 acres of agricultural land. Now my questuon is has any one bought a parcel of land and managed to use the five year rule to live on site in a static van, While building up the farm. We do not intend to use this to put a 3 bed house on. But would like to apply for some sort of eco home in the future. Has it been done? Cheers.
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You have to live in a static for 10 years in order to be able to get a certificate of LEUD. I know 2 people who have done it. Whether you want to build a conventional or eco house is fairly irrelevant and does not make any difference. Those who did it had their statics off the beaten track, so nobody bothered about it. The council did know but were fairly dilitant and didn't get round to serving enforcement. They were very lucky. Usually someone will report you.
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Possible maybe, Likely no. Green belt is rarely considered for residential except in exceptional circumstances.
A land/planning consultant is your best bet
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Hi guys, thanks for your replies, it’s the certificate of LEUD? Is that a right to live on the land. To be honest we are looking to be off the beaten track. We hope to get permission to stay on the land because of the holding we will be running ie breeding livestock. We both have farming experience. I had read that if its agricultural land you can use permitted development for farm buildings? yes we would be using a consultant.
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Don't recognise those initials and google hasn't helped. What is it?
Found this - https://urbanistarchitecture.co.uk/getting-planning-permission-on-agricultural-land/ (https://urbanistarchitecture.co.uk/getting-planning-permission-on-agricultural-land/)
Many farmers breed livestock, so that's nothing different
Permitted development means that if your farm is 5 hectares or more, you have the right to: erect, extend or alter a building. carry out excavations and engineering operations needed for agricultural purposes - though you may still require approval for certain details of the development.
Not residential though as far as I know
http://adlib.everysite.co.uk/resources/000/264/299/annexepps7.pdf (http://adlib.everysite.co.uk/resources/000/264/299/annexepps7.pdf)
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(All this is what I know of England, I don't know where you are or whether it is different in any of the other countries of the UK.)
A Certificate of Lawful Use would be awarded if applied for when one can demonstrate that someone has lived in a dwelling or other structure for at least ten years for a caravan or 4 years for anything else.
Basically, if the council has not issued an enforcement notice within that timeframe, they lose the right to do so and the occupation is henceforth lawful. The CLU, if you apply for it, confirms that fact, but is not necessary in order to live in the structure lawfully.
In order to get to the point where occupation is lawful and one has or could have a CLU awarded, one would need to construct / site the abode and live in it unlawfully for 4 or 10 years as appropriate. If someone reported you to the Planning Office during that time, you would probably get a Planning Contravention Notice initially, which could progress to a Planning Enforcement Notice if the planners are not satisfied with your responses. You would then be given usually 28 days notice to remove the dwelling (probably) and certainly to stop living in it. There is however, as far as I am aware, no penalty for having erected it or for occupying it unlawfully up to the point of receiving a PEN.
Note that if you were to apply for a CLU, it is incumbent upon the planners to disprove your evidence of continuous occupation for the relevant number of years. The only other reason they can have to not award the CLU, as far as I am aware, is if the applicant has behaved fraudulently - one example often given being having applied for and been granted permission to build an agricultural building and then having built a dwelling that looks like a hay barn, but internally is a fully equipped house.
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Don't recognise those initials and google hasn't helped. What is it?
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CLEUD is a Certificate of Lawful Existing Use or Development. (It is defined and explained on google)
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Thanks, Roy - I got all sorts of weird sites offered by Google when I searched for LEUD! :roflanim: :roflanim: :
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Thanks all, very helpful. Do you know if any one on this site that has bought land and made a go of it? Cheers.
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Yes. Our neighbour had two statics joined together in a L shape and had the wheels taken off. While going through his application for a house tied to the land with the PO, she asked how long they had lived there. They had to prove that they had lived there over five years, and their home was never mobile, and that people knew it was there. They used google maps, FB posts and the fact they had a postal address. Now they have a modern off grid home. with full non tied PP.
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Thanks all, very helpful. Do you know if any one on this site that has bought land and made a go of it? Cheers.
To make 10 acres pay as a farm or use farming as a way to get a house on land?