Agri Vehicles Insurance from Greenlands

Author Topic: An acre attached to rear garden purchased 11 years ago from farmer  (Read 7263 times)

mojocafa

  • Joined Sep 2012
  • Angus
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #15 on: February 23, 2017, 07:46:39 am »
Let's get back to the basics

does your caravan have wheels on it?
If the answer is yes, then it is not a permanent structure as it can be moved. Suggest that if he is not happy with the position of the caravan then you are willing to reposition it to where he chooses within your garden. You can't do it right at that moment but you can assure that it will be moved to where he wants it sited within 72 hours, demonstrate you are willing to work with him and that it is a moveable structure.

You call the land your garden
Within planning is it classed as garden or is it agricultural land?
If it is a garden, great, I would ask why can't you have a temporary, mobile structure on the land? If it is agricultural,  you've got a bigger fight on your hands.

Choose your battles, I wouldn't demand names as under the data protection act they won't disclose who has made the complaint and getting into that barney is a waste of time and energy as you won't win that one!
Also the enforcement officer is only doing his job and he is the one that has the power! Do not make an enemy with him because that will not help your cause.
If however, you feel the enforcement is unfair and if the officer abuses his power and comes across as intimidating then advise him that you will seek advise from a planning consultant and all further correspondance is to be through them.

If others have similar caravans, ask if your neighbours have an enforcement to remove their caravans, if not, why not?

A mobile structure does not need to be frequently moved. In my field, I have 5 temporary mobile structures. They haven't been moved for 5 years, as long as they can move either with wheels on skids attatched




« Last Edit: February 23, 2017, 07:56:28 am by mojocafa »
pygmy goats, gsd, border collie, scots dumpys, cochins, araucanas, shetland ducks and geese,  marrans, and pea fowl in a pear tree.

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #16 on: February 24, 2017, 08:53:45 am »
Mojocafa, thank you very much for your very wise words of wisdom. A lot of food for thought and I will now re-drafting my strategy. I understood that perhaps under 'freedom of information act' I could request, if not the names, for safeguarding, the nature of the complaint to enable me to respond factually to the alleged concerns. Yes, my acre is agric, despite being used as garden for 11 years, and the EO said he will reject an application to covert it to domestic... I do feel that he's throwing his weight about as, he claims, he's under a lot of pressure from his manager, to get it removed.  I will try to continue to demonstrate hard that I'm working with him to help make his job easier. In the meantime I will try to establish whether there are EOs on the other caravans however, folk round here are very secretive...  Thank you once again I can't tell you how much it helps to feel that I am not totally alone and persecuted. Regards

Black Sheep

  • Joined Sep 2015
  • Briercliffe
    • Monk Hall Farm
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #17 on: February 24, 2017, 07:02:38 pm »
If you can prove it has been used as garden for >10 years can you not apply for a Lawful Development Certificate?

landroverroy

  • Joined Oct 2010
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #18 on: February 24, 2017, 08:48:30 pm »
If you can prove it has been used as garden for >10 years can you not apply for a Lawful Development Certificate?

Exactly.
As I said in my earlier post you can apply to have the land as part of your curtilage as you have used it as such for more than 10 years. You are then entitled to have almost as many caravans as you wish parked on it as long as they are not used for living in.
However, as you have only an acre of land, which is not an enormous area to walk over, could you not just move the caravan onto what is your official garden?
If you want to fight this, it really is worth consulting a planning expert.
Also look at Martin Goodall's planning blog on the internet.
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #19 on: February 24, 2017, 10:46:34 pm »
Yes, that would certainly appear to be an ideal solution to apply for permission to have the agriculture land changed to domestic especially as it's been used as a garden for more than 10 years HOWEVER the Enforcement Officer said that although I can apply for change of use, it will be rejected... interesting

landroverroy

  • Joined Oct 2010
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #20 on: February 25, 2017, 10:25:38 am »
It's not up to the enforcement officer to make the decision.
In my experience, while I wouldn't go so far to as call them corrupt - their actions sometimes fall little short of it.
I'm sure there are some conscientious ones about, but I have found that they often have their own agenda, a power complex, are simply ignorant or have been promoted to the level of their own inefficiency.

If you want to fight this you really do need to consult an expert or it could cost you a lot of money to keep the caravan where it is.
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #21 on: July 23, 2017, 10:23:23 pm »
Hello out there, can any of you good people recommend a reputable legal expert please as I await imminent delivery of an enforcement order to remove my caravan from my land in East Yorkshire? Thank you in anticipation Chris x

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #22 on: July 24, 2017, 08:29:00 am »
I would hold back until it comes
And its probably a planning expert you need
Is it residential ? What land is it positioned on ?
If its on agricultural land and its ancillary to agricultural use ie rest room food store you do not need permission

If its been used for 10 years and you can prove it has been used for whatever use during that time its exempt from
any enforcement action.

If is in garden curtalige and used as say a spare bed room and whoever uses it eats in main house it does not need planning. If the plot has been used as garden for 10 years and you have photos ,witness statements ect
Google earth is a good place to start can cover a few years then you are in a good position.
Tell them straight your happy for a government planning inspector to make decision not them  ;)

Dont let them worry you its easy to appeal a enforcement notice and the council often come out looking like p____
« Last Edit: July 24, 2017, 09:50:39 am by mart6 »

Chris L

  • Joined Oct 2016
Re: An acre attached to rear garden purchased 11 years ago from farmer
« Reply #23 on: July 24, 2017, 10:29:00 pm »
You're amazing thank you, I feel empowered once again to continue the fight. Chris x

 

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