The Accidental Smallholder Forum

Smallholding => Buildings & planning => Topic started by: mart6 on April 22, 2015, 05:20:57 pm

Title: 12 acre 5 hecter rules
Post by: mart6 on April 22, 2015, 05:20:57 pm
Well i give up councils are total jobsworths.
I need to increase holding to 12.5 acres just had a saint make me a great offer.
Only bit im not 100% sure about is all land needs to be within 5 mile radius
Would that mean via road distance or radius as the crow flies if you follow me.
Does anyone know i would think its radius ?
Title: Re: 12 acre 5 hecter rules
Post by: Womble on April 22, 2015, 05:25:11 pm
Only bit im not 100% sure about is all land needs to be within 5 mile radius

For what?  ???
Title: Re: 12 acre 5 hecter rules
Post by: mart6 on April 22, 2015, 05:30:20 pm
to fall in the pre determination rules
eg relaxed planning regs
Title: Re: 12 acre 5 hecter rules
Post by: doganjo on April 22, 2015, 07:30:38 pm
Planning on 5 hectares  has been discussed before - see if this helps. (I think it's only England and Wales, David. edit- no it's here too but slightly different)

http://www.accidentalsmallholder.net/forum/index.php?topic=23653.0 (http://www.accidentalsmallholder.net/forum/index.php?topic=23653.0)
Title: Re: 12 acre 5 hecter rules
Post by: Womble on April 22, 2015, 08:15:45 pm
Ah ok. Surely it must be as the crow flies?  Otherwise you could have two fields that didn't qualify, but then suddenly would once a new road was built - just seems illogical, that's all.
Title: Re: 12 acre 5 hecter rules
Post by: mart6 on April 22, 2015, 09:16:40 pm
Good point  ..lol, must be radius must of been having a blonde moment.
Way planners have been giving me the run around its a wonder i have any hair left.
They just threw doll out pram when i told then i had recorded our conversations.
The silence was deadly.
The stunts they pull treating people like dim wits
Title: Re: 12 acre 5 hecter rules
Post by: doganjo on April 24, 2015, 10:31:39 pm
Ha ha, smart one! They all record calls 'for training and security purposes' so why can't we?  :roflanim:
Title: Re: 12 acre 5 hecter rules
Post by: mart6 on April 25, 2015, 09:27:07 am
Was quite funny he said i wont be able to use it for the appeal as i never informed them i was recording it.
Thats why council inform you training purpose carp.
But my reply was,i do not need to as i know the ex chairman of a adjoining council and was miffed i would ask her to invite the secretary of state over to see my proposales and im sure he would not be asking me if i cautioned them first.when i play him the recordings.. lol
Dolls went out pram then
heres my next response and the email i sent them

Hi  Sandra

The planning application was turned down I spoke to the planning department and strangely
they said that the issuing of a address was nothing to do with them.
As explained I need the address can I have a straight answer yes or no to giving me the address
who issued the refusal and reasons why ?

Refusal is causing me all sorts of problems and expense's and effects the efficient running of my business. I am beginning to think it revolves around this planning application and the councils opinion about my business.

I am meeting with my barrister as soon as I receive the enforcement notice to clear a few points up and will be seeking her opinion about this address fiasco and if she thinks I should start legal proceedings to  get the matter resolved.
It may be worth getting the opinion of your legal department rather than Mr Wells as I am sure they are more qualified


Look forward to your reply


Yours faithfully
Title: Re: 12 acre 5 hecter rules
Post by: Penninehillbilly on May 30, 2015, 03:32:52 pm
Re:- recording discussions, I believe you can record but it is illegal to play back to a 'third person' without consent of all on the recording, (remembered that from a radio discusson some time ago), not sure how you stand with transcripts.
 
Title: Re: 12 acre 5 hecter rules
Post by: cloddopper on June 01, 2015, 11:05:33 pm
Mart always subtitle all communications of this sort of official communication with

"without prejudice "   it allows you to say all manner of things that cannot be used against you ..sort of .

 I'm sure the legal beagles on here will clarify it better or at least I hope so .
Title: Re: 12 acre 5 hecter rules
Post by: Cazas1 on June 28, 2015, 06:40:41 am
My understanding is that the land must exceed 5 acres but be less than 5 hectares for a smallholding, prior notification is permitted on areas over 5 acres if certain criteria are met e.g not within 25 metres if a main road, if you contact www.planningaid (http://www.planningaid).  I'm sure they'll help with this, they directed me to planning regulations but unfortunately I didn't write them down and have forgotten them, but well worth checking out ???? good luck
Title: Re: 12 acre 5 hecter rules
Post by: mart6 on July 26, 2015, 06:33:49 am
Couple of questions regarding Permitted development - 5 hectre
Do not want to keep bothering Peter, Local gamekepper put me in touch with local land owner aparently this council are known for throwing hurdles up - just my luck.
He has offered me as much land as i need to get up to 5 hectres, couple of questions would woodland qualify or does it need to be fields.
i intend to put in Permitted development for 4500 ft steel barn think everything else fits criteria.
Here is the icing on cake if it is correct, i have been told to put in for temporary permission for a mobile home on site while i build the barn.
That would be fantastic and solve my other issues if its possible.
Next question is would council have resonable grounds to refuse mobile home or am i entitled to till the barns completed.
Also how long could i take to build the barm ie maximum time.

Any advice would be apreciated before submiting applications, this will really put cat in with pigeons
Title: Re: 12 acre 5 hecter rules
Post by: Kimbo on July 26, 2015, 01:49:08 pm
When you say you have been offered as much land as you need to get up to 5 hectares, you do mean in a legal lease don't you? Informal tenancies ( that can be revoked as soon as you have your development underway) wont suffice. That loophole was closed a long time back
Title: Re: 12 acre 5 hecter rules
Post by: Buttermilk on July 27, 2015, 07:32:28 am
I doubt that you would be allowed a mobile home for building a barn as you have to prove a need.  If the holding changes (ceases to exist) within ten years of completion then retrospective planning may be required.
Title: Re: 12 acre 5 hecter rules
Post by: greenbeast on July 27, 2015, 12:14:06 pm
I doubt that you would be allowed a mobile home for building a barn as you have to prove a need.  If the holding changes (ceases to exist) within ten years of completion then retrospective planning may be required.

You are allowed to stay on the land during engineering works as long as you are completing the works yourself
Title: Re: 12 acre 5 hecter rules
Post by: justme83 on August 05, 2015, 08:42:54 pm
i've been googling for quite some time this evening before finding and registering on this forum.

We are looking at an acre of woodland to buy to try and get planning on.... i know!  BUT... we have been renting 45 acres 4.5 miles away for some 14 years now so i am starting to see if we could somehow try and get planning on the smaller site that we would own as the landlord wouldnt let us live on site where we rent (well, he would but charge us a horrendous amount of extra rent). 
Title: Re: 12 acre 5 hecter rules
Post by: mart6 on August 10, 2015, 09:07:36 pm
Thanks for input guys
i understand 10 year rule if its not continued agricutral use.
Just looking for options we are at appeal now for the enforcement notice never seen anything like it.
Petty bunch of knit pickers