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Author Topic: What is permitted ?  (Read 3942 times)

Timothy5

  • Joined Oct 2015
What is permitted ?
« on: October 28, 2015, 05:07:40 pm »
My land slopes steeply, and as I want to extend my orchard, I decided to terrace it. Fruit trees, with grass underneath. I had almost finished when someone from the council came and said I had to stop. I am nearly a mile from any neighbour, The environmental folk said what I am doing is O.K., it's just the council trying to bully me. This is a registered smallholding, I have sheep, pigs, chickens and turkeys. My land is almost 15 acres. So, any ideas what I have to do to be left in peace ?

pharnorth

  • Joined Nov 2013
  • Cambridgeshire
Re: What is permitted ?
« Reply #1 on: October 29, 2015, 08:28:01 am »
You need more information. Who is 'someone form the Council?  Which Council, Parish, County? Is this just a local parishioner talking of their own back or a professional from the planning department?  And on what basis did they tell you to stop?  People in authority can't just go round telling you to stop without being clear with you on why so if they didn't sounds like they have no real authority.


Carse Goodlifers

  • Joined Oct 2013
  • Perthshire
Re: What is permitted ?
« Reply #2 on: October 29, 2015, 08:30:23 am »
Did they say why you had to stop?
If not I would ask why on what grounds/rulings they make this on.

I know some growers who have done  works like this in fields and they have had no issues.
I would have thought that by terracing it, it would reduce any water run off from the slope onto any roads etc that run by it.

I would ask and get clarification.

Marches Farmer

  • Joined Dec 2012
  • Herefordshire
Re: What is permitted ?
« Reply #3 on: October 29, 2015, 09:06:11 am »
I agree.  If it's your County Council they'll have a set of guidelines and all sorts of procedures in the system.  If it's the local or parish council someone may just be throwing their weight around.

Timothy5

  • Joined Oct 2015
Re: What is permitted ?
« Reply #4 on: October 29, 2015, 12:31:53 pm »
Right, more info, It was an official from the county council planning department. He claimed that the soil might damage established trees lower down the slope, although he admitted that he knew nothing about trees, so he was not qualified to say. Run-off would not be a problem, as I own the paddocks below the terrace. The road is some 200 yards from the terrace, uphill to the north, my land slopes to the south.
He also mentioned the lorries bringing the topsoil in, but they do not approach from the direction of any dwellings, they deliberately come from the opposite way, which is open farmland. The road is frequently used by heavy tractors, but no-one complains about them.
He said I had to stop immediately, I asked if I could bring soil in to make a vegetable patch. At present that part of the land is almost pure sand. He said no. I asked how I was to grow my food without suitable soil, he told me to buy it from the supermarket.
At that point I asked him to leave.

pharnorth

  • Joined Nov 2013
  • Cambridgeshire
Re: What is permitted ?
« Reply #5 on: October 29, 2015, 01:45:46 pm »
I think the above responses still apply then.  There are guidelines and rules applying to moving earth in quantity so if you have had lorries arriving with top soil, that may have sparked their interest.  There may well be 'prior notification' rules associated which you have technically breached if the volume is sufficient for the regulations to apply. Check the council and government website for any published guidance and be prepared to submit a 'sorry I didn't realise I should have let you know earlier' reponse if indeed prior notification applies.

greenbeast

  • Joined Jul 2014
Re: What is permitted ?
« Reply #6 on: October 29, 2015, 03:19:51 pm »
. I asked how I was to grow my food without suitable soil, he told me to buy it from the supermarket.
At that point I asked him to leave.

Ridiculous.

Cosmore

  • Joined Jun 2015
  • Dorset
Re: What is permitted ?
« Reply #7 on: October 29, 2015, 03:37:45 pm »
Perhaps he/they had a panic on, thinking you might be trying to make a golf course by the back door? :roflanim: .
Seriously though, the previous advice of looking up rules and guidance should be done asap, then at least you will know where you stand legally - and if appropriate be in a position to argue your case. Good Luck :fc: .

bazzais

  • Joined Jan 2010
    • Allt Y Coed Farm and Campsite
Re: What is permitted ?
« Reply #8 on: October 30, 2015, 01:26:51 pm »
You have to learn to ignore them. Until the third letter that comes in the post.

john and helen

  • Joined Mar 2013
  • Devon
  • WARNING,,,MAY SAY WHAT HE BELIEVES
    • Facebook
Re: What is permitted ?
« Reply #9 on: November 03, 2015, 07:26:20 pm »
obvious you have met a planing officer with no brain at all..well done you for telling him to leave

mojocafa

  • Joined Sep 2012
  • Angus
Re: What is permitted ?
« Reply #10 on: November 05, 2015, 06:57:04 am »
I can totally sympathise!

My neighbour alerted the planners about my complete naivety in what I was doing to my land. I tried to persuade them into my way of thinking with no avail. So I received an enforcement :rant:

However 2 years on, I have said " yes sir, no sir, sorry sir, thankyou so much sir, " . Completely sucked up their bahookies. :innocent:

The result has been, I have been able to achieve what I originally wanted by following council guidelines and also because my neighbour became a complete pain in the butt , trying to stir up trouble by phoning/ emailing them endlessly, the council took a sympathetic view and I got planning permission to build and change of use of agricultural land which has resulted in my land being much more valuable should I ever sell.
« Last Edit: November 05, 2015, 06:59:53 am by mojocafa »
pygmy goats, gsd, border collie, scots dumpys, cochins, araucanas, shetland ducks and geese,  marrans, and pea fowl in a pear tree.

 

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