Smallholders Insurance from Greenlands

Author Topic: An acre attached to rear garden purchased 11 years ago from farmer  (Read 7284 times)

Chris L

  • Joined Oct 2016
Hi there, a would be 'good life' person who lives off my land. I stuck (a bargain buy) very mobile static for 60+year old hubby and I to use when up the land for tools, gardening, resting, snoozing, a cuppa, toilet, clean up etc. I've kept family in fruit, veg and flowers for 11 years with a polytunnel which extends growing season. Anyway, I have a letter from Planning Dept giving me 28 days to remove van and they'll not support an application to site the van. I have no experience of dealing with these guys... how should I approach them. I don't believe I require Planning Permission because it's a mobile performing a temporary use/storage. Do they have power to shift, will they, what will it cost me etc. etc.? From a, now very nervous, good life person...

devonlady

  • Joined Aug 2014
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #1 on: October 28, 2016, 06:39:14 pm »
I'm sorry I can't help with advice but I just wanted to sympathise and offer support. The local authorities can be very cruel. For Heaven sake, what harm are you doing and what adverse effect are you having on the environment?
I would fight this order, but in a nice, polite way.
Ask people who have been in this situation what they have done and, maybe look into the in's and out's of having the static on the land for so long!
Good luck!

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #2 on: October 28, 2016, 09:25:52 pm »
Thank you for that feed back, very good advice. I agree that it's better to try and work with Officials as far as possible.

Lesley Silvester

  • Joined Sep 2011
  • Telford
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #3 on: October 28, 2016, 11:52:37 pm »
I agree with Devon lady that you aren't having an adverse effect on the environment. It sounds like they may believe you are living in the mobile home. Have you tried speaking to them about it?

pharnorth

  • Joined Nov 2013
  • Cambridgeshire
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #4 on: October 29, 2016, 04:17:02 pm »
I wasn't clear from your message whether the van had been there for several years or you have recently added it?  If it has been there several years then the conversation with planning is to explain that, and how you are using it and ask why the sudden concern. Possibly they are having a general clamp down, or someone else has put something up, told to take it off and grumbled you have got away with it, if so planning may well be amenable for you to come up with the right ones they can justify it staying. If it is more recent then less surprising they are showing an interest but explaining you are both getting older and it is a day rest from your activities (which haven't changed) may help.......

landroverroy

  • Joined Oct 2010
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #5 on: October 30, 2016, 10:01:36 am »
2 issues here as I see it.


 1. As you have been using your acre of land for more than 10 years, in connection with the use and enjoyment  of your house, then I believe you can apply to the council for a certificate of lawfulness to have this land included in the curtilage of your house. If that is granted then you have permitted development rights to keep a caravan/shed/mobile home within your curtilage for your own use.


2. Or if you have had the static there for more than 10 years, then again you can apply for a certificate of lawfulness to retain it. If you can prove it has been there for more than 10 years then they are obliged by law to grant this.
 
Google - certificate of lawfulness in relation to caravans and extending curtilage
            - and permitted development.
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

greenbeast

  • Joined Jul 2014
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #6 on: October 31, 2016, 01:44:27 pm »
They're just trying to discourage residential use, they'd never go that hard after it if it was an actual tool shed after all.

mojocafa

  • Joined Sep 2012
  • Angus
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #7 on: November 01, 2016, 07:52:40 am »
https://www.thecourier.co.uk/news/local/angus-mearns/261163/hunters-path-scrapyard-wins-legal-battle/

The above is a link from our local paper, the person involved is a friend of mine. He stood his ground and won! There are interesting quotes you could use. Google jane fox, she once wrote a letter for me to help me with a planning problem, might be worth contacting her. If you bought the land 11 years ago, you should be able to evidence this and get locals to support you!

Good luck :fc:
pygmy goats, gsd, border collie, scots dumpys, cochins, araucanas, shetland ducks and geese,  marrans, and pea fowl in a pear tree.

cloddopper

  • Joined Jun 2013
  • South Wales .Carmarthenshire. SA18
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #8 on: November 04, 2016, 08:36:24 pm »
Did you post any pictures on a website that's still running in years 1 & 2 .. a picture paints a thousand words in that respect , for it should be a dated pictorial evidence.
 

Even Google might have a satellite shot of your property showing the caravan in place
 Mine from 2006 showed my new  car on the drive .

Perhaps It could be worth finding out , maybe even bluffing saying it was shown on Google satellite images back in 2005 then let the council pay to check it out  .
 Most councils have had access to Google satellite images since the year 2000

Perhaps If you PM a few of us with your post code /address we can play a while on line and see what we can find out .... I'm happy to try & help .
« Last Edit: November 05, 2016, 11:14:57 pm by cloddopper »
Strong belief , triggers the mind to find the way ... Dyslexia just makes it that bit more amusing & interesting

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #9 on: February 01, 2017, 11:08:01 pm »
I am overwhelmed at your offers of help and support, thank you it is so reassuring. So, I was beginning to think the matter had gone away until the enforcement officer called last week telling me to remove the van as he, 'wants to clear it off his desk.'  Although he appears pleasant he acts as a middle man and refers to instructions from his manager. Anyway I explained that as far as I was concerned the van is mobile, it is mine, as is the land, I refused to get drawn into its use or anything else. He said he'll be back in touch in a few weeks.  The land is at HU19 2QN  Emsgate.

3county farm boy

  • Joined Jan 2017
  • Love my family animals and life's sweet
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #10 on: February 03, 2017, 05:53:46 pm »
 If it was me I would seek professional advice and I would try and get a half hour free consultation with a solicitor  first of all just to get the ball rolling and to see where you stand legally,  i'm really to sorry to hear of your predicament.
Everyday is a day to wake up for

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #11 on: February 04, 2017, 12:49:39 am »
The mobile caravan (planning say it's a 'static') has only been in situ a few months, planning visited us the day following its arrival!  Although I've used the land as my garden for now 12 years, Planning say there's no point in making any applications as they'll be rejected!  We had a smaller caravan on the land for about 4 years which we removed shortly after the new one arrived, we've had a portacabin/shed on the land 9/10 years and a poly-tunnel about 6 years. The garden is well used and worked. I've since spotted other similar large mobile caravans in gardens/land attached to gardens in this village and other local villages. I don't believe this is a planning matter as it's a 'mobile' purely for my own personal use on my own garden... however planning don't agree!!!

BrimwoodFarm

  • Joined May 2016
    • Brimwood Farm
    • Facebook
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #12 on: February 04, 2017, 12:52:23 pm »
I hear you, Chris. It's very frustrating!

I'm in a similar position where I have land over 2hrs away from my house and wanted to put a caravan on the land to overnight in whilst doing work, and to store tools in. Apparently I can't, even if I only use the caravan for 28 days - because it's the caravan that's the issue, not my use.

It's annoying as hell as I want to work the land and do something GOOD, but planning laws restrict me. There is a dilapidated caravan onsite that's been there over 20 years, so I'm going to see if I can replace it with a new one and circumvent laws that way. 

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #13 on: February 22, 2017, 11:52:43 pm »
What do you think of my proposed staged strategy...
1) Question why it's a planning matter as its a mobile in my garden of 11+ years
2) Request the law that says I can't have a caravan in my garden
3) Plead persecution as several other locals have similar caravans in their gardens
4) Demand names/nature of alleged complaint to give me a fair chance to respond
5) Propose to pursue the enforcement officer and manager personally for harassment
I wonder how far I will get in the process before I succeed, fail or die of the stress?
It is beaurocracy gone mad...

harmony

  • Joined Feb 2012
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #14 on: February 23, 2017, 07:40:37 am »
How often do you move it?








 

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