The Accidental Smallholder Forum

Smallholding => Buildings & planning => Topic started by: sss on January 08, 2016, 03:13:42 pm

Title: Neighbours on the horizon
Post by: sss on January 08, 2016, 03:13:42 pm
Afternoon all.

We are surrounded by fields around us, apart from one small yard adjacent to us. The yard has been empty since being here in the fens with vehicles being stored there at various times. Last year it did get tidied up by a waste contractor so there was a sign something was brewing.

So we get the council letter through the door about premission being sought for a house yesterday.

That in it's self  I have no issue with. I now know who owns the land loooking at the planning. I have no idea if it is for him to live in or to sell on. I suspect the later with the location and land pricing round here etc. I also suspect it would suit the countryfide type person.....

My concern is future complaints about my small holding, people complaining about the cockrals or the manure heap and other animal noises etc that generate from smallholding. I guess that I just submit my concerns via a letter to the council ? Has anyone had similar?

Thanks in anticipation.
Title: Re: Neighbours on the horizon
Post by: greenbeast on January 08, 2016, 04:24:47 pm
You want to 'complain' in case you get complaints by an, as yet unknown, person in, an as yet unbuilt, house?

If you have agricultural land, you have nothing to worry about, they can't (easily) stop you farming on farm land.


Title: Re: Neighbours on the horizon
Post by: Womble on January 08, 2016, 04:42:19 pm
How about putting one of these up?  ;)


(https://s-media-cache-ak0.pinimg.com/736x/df/9d/db/df9ddb99054fd7e719fee333db34081b.jpg)
Title: Re: Neighbours on the horizon
Post by: henchard on January 08, 2016, 04:49:14 pm

If you have agricultural land, you have nothing to worry about, they can't (easily) stop you farming on farm land.

Sorry that is incorrect (that you have nothing to worry about). Noise and smell from a farm or small holding can be a stautory nuisance under the provisions of the Environmental protection Act 1990

https://www.gov.uk/guidance/statutory-nuisances-how-councils-deal-with-complaints (https://www.gov.uk/guidance/statutory-nuisances-how-councils-deal-with-complaints)

A business (you'd have to prove you were trading) does however, have a defence of 'best practicable means' but ultimately if it is built it is for you to conduct your affairs in such a way as not to create a stautuory nuisance to your neighbours (that does NOT mean complete silence or no smell at all BTW)

It is immaterial that you were there first.

I was an E.H.O. in a previous life  ;)
Title: Re: Neighbours on the horizon
Post by: greenbeast on January 11, 2016, 08:53:46 am
That's why i said 'easily'
Title: Re: Neighbours on the horizon
Post by: landroverroy on January 11, 2016, 09:34:30 am
How about putting one of these up?  ;)


(https://s-media-cache-ak0.pinimg.com/736x/df/9d/db/df9ddb99054fd7e719fee333db34081b.jpg)

I love  it! :excited:
Title: Re: Neighbours on the horizon
Post by: Marches Farmer on January 13, 2016, 05:34:42 pm
Our farm is in a hamlet of 11 cottages and smallholdings and whenever one of them comes up for sale I put out a notice on the gate advertising rare breed sheep, pigs and poultry for sale.  That way at least no-one can say they didn't know we kept pigs, etc., when they moved in.  In the future I'm also going to put up a notice about sheep worrying.  We haven't any footpaths on our land but have experienced sheep worrying in the past .....
Title: Re: Neighbours on the horizon
Post by: mart6 on January 13, 2016, 06:54:18 pm
Its not plain and simple take a read of this

http://www.eadt.co.uk/news/west_row_mildenhall_stadium_could_close_after_supreme_court_judgement_leaves_it_facing_massive_legal_bill_1_3367840 (http://www.eadt.co.uk/news/west_row_mildenhall_stadium_could_close_after_supreme_court_judgement_leaves_it_facing_massive_legal_bill_1_3367840)
Title: Re: Neighbours on the horizon
Post by: pharnorth on January 25, 2016, 09:26:43 am
Yes I'd be concerned too I recall a lovely farm in Much Hadham with free range pigs running outside a proper old timber barn until a new estate several hundred yards away complained. Or to be specific one person complained. The planning laws need to be adjusted or applied such that to force a change there needs to be a a more reasonable weighing of who really is the nuisance. I for one would have signed a petition saying taking the estate and taking the pigs away spoilt my enjoyment of what was a lovely walk.
But then a good friend of mine bought a new house not so far from you on a small estate the neighbouring far we was pretty disgruntled (hated to see his former neighbour making a killing) and threatened to put some pigs nearby. Good oh said my friend I'll save the 30 mile trip picking up my half pig from you. So it depends which way the wind blows
Bottom line, you'll have to move a lot further than the fens to avoid the pressure of housing in this area and your best bet is to hope for a single house rather than several as the chances are a single neighbour will be pleased to have a good neighbour and will negotiate any issues. Good luck.