Smallholders Insurance from Greenlands

Author Topic: The Cornish newbie  (Read 769 times)

Cornishmaid

  • Joined Apr 2020
The Cornish newbie
« on: April 17, 2020, 08:57:52 pm »
Hello everybody just a quick introduction to say hello ????

Iíve basically just purchased a nightmare to turn into a dream so any opinions are more than welcome ????

Myself and husband have just purchased 16 acres of pasture land and the dream is that we can build 2 log cabins (1 for us and 1 for my disabled parents) and start a livery yard.

The land has no planning permission and an area has a 30% uplift clause on it so that will be off limits to our cabins HOWEVER here comes the night mare...

To have a livery yard the land must be ďequestrianĒ use which requires planning permission however at the moment because itís over 5 hectares we are eligible for the 28 day permitted development rights so...

Basically we can start a farm set aside 3 acres for my horses and make that equestrian use BUT we need a reason to live on the land 24/7 and having horses doesnít require that SO...

Iím after any ideas that could help, any success stories and any stories of weíve done it BUT.....

Iím hoping someone can help with ideas, livestock etc.

Nice to say hello

arobwk

  • Joined Nov 2015
  • Kernow: over-crowded already. You really don't want to live here actually.
Re: The Cornish newbie
« Reply #1 on: April 21, 2020, 06:11:13 pm »
Welcome to the forum @Cornishmaid

As regards the dream; I would guess PP for change of use to equestrian (in part or in total) would not be too difficult to achieve, but, as you clearly know already, PP for residential will not be easily gained (especially for 2 units and if there are no existing structures suitable for conversion).  That said, someone here might be able to offer some clues as to how you might get past/around the default position of "PP for residential unit/s refused".

In mean time: 

I'm confused by your ... "we are eligible for the 28 day permitted development rights".  I'm wondering how having 28 days p.a. for alternative uses is going to help you much towards your objectives !? 

Also;  I'm interested in how/why only part of your land is subject to overage.  And what sort of development is covered:  frequently uplift clauses cover any type of development above and beyond the existing land use which, in your case might include residential, holiday and commercial development.  If you wouldn't mind, what does your's cover ? 






Cornishmaid

  • Joined Apr 2020
Re: The Cornish newbie
« Reply #2 on: April 21, 2020, 06:41:36 pm »
Hi There, Thankyou for the welcome ! We could go down the route of serving the 28 day notice to start agricultural buildings to start with barns etc to actually create the farm, with it being over 5 hectares its automatically applied, well from my understanding. The uplift clause basically covers everything from residential planning permission to any property that is used for residential or commercial use. Even if it was so much as an office building heíd get the 30% of the uplift value l, Iíve found this on a lot of land Iíve looked at and apparently itís a common thing with land around cornwall as itís been inherited put to pasture and then just sold off and itís a way of making immediate money upon selling the land then a further investment for the next 30/40 years. Pain in the bum really. Thankyou for your reply!

arobwk

  • Joined Nov 2015
  • Kernow: over-crowded already. You really don't want to live here actually.
Re: The Cornish newbie
« Reply #3 on: April 21, 2020, 07:22:59 pm »
@Cornishmaid - The permitted dev' (PD) notice might not, of course, result in acceptance by CC that permitted dev' is appropriate, but, of course, if they do not respond in timely manner, then you may proceed with any agri' related development that falls within the PD rules. 


I cannot vouch for whether Cornish land sales are any worse for uplift provisions than elsewhere, but they do seem to be very prevalent from my experience also*.  My land is also covered by an overage clause, but it didn't cover commercial dev' - everyone told me it did, but I noted the covenant made no mention (as my solicitor eventually acknowledged) and so it's worth looking very carefully at the wording of uplift clauses. 


I asked about why your land was only partially subject to an uplift clause because it suggests some of your land might be more likely to gain PP at some future point than the rest.  Paying an uplift amount to the previous owner (if PP could be achieved) might be more cost-effective than buying a building plot or existing house/houses nearby!? 


[* A laughable example of Cornish overage:  I was once quite interested in a property registered as a licensed cafe/restaurant, but which was no longer trading.  And then I received notice from the agent of the actual overage conditions:  it was something like ... "If PP is gained for residential use then all of the uplifted property value will be paid to the seller."   ???
I tell no lie and you can guess what I said to the agent in reply.   They never got back to me. ]
« Last Edit: April 21, 2020, 08:56:04 pm by arobwk »

Cornishmaid

  • Joined Apr 2020
Re: The Cornish newbie
« Reply #4 on: April 21, 2020, 07:57:53 pm »
Wow! Itís definitely going to be worth having a look over then, due to covid we having been able to meet with the agent to go over any of the paperwork which he has in his possession at the office, however now everyone is working from home ! Yes only 3 acres of the land has the uplift and itís the closest land to the main road so my guess is he thought whoever buys will try and get pp on that area more than any other. We have sent of a pre plan app today with everything we wish to do, if this doesn't give us an outline or rough idea then we definitely wonít be proceeding! Itís Sodís law I wanted to do all of this mainly to be closer to my cob and enjoy a peaceful (ish as much as farming can be) life however a stable became available 2 minutes up the lane so now heís at home so instead of rushing into anything or settling I am definitely open to ideas/suggestions etc!

arobwk

  • Joined Nov 2015
  • Kernow: over-crowded already. You really don't want to live here actually.
Re: The Cornish newbie
« Reply #5 on: April 21, 2020, 09:10:42 pm »
.....  if this doesn't give us an outline or rough idea then we definitely wonít be proceeding! Itís Sodís law I wanted to do all of this mainly to be closer to my cob and enjoy a peaceful (ish as much as farming can be) life however a stable became available 2 minutes up the lane so now heís at home so instead of rushing into anything or settling I am definitely open to ideas/suggestions etc!

Proceeding ?  Do you mean @Cornishmaid that you have not actually contracted to buy the land yet? 
If I'd known you do not legally own the land yet, I would almost certainly have responded to your posts in an even more cautiously-worded manner.  And so, in short, ignore everything I've posted previously and, not with-standing that you say you have submitted a pre-app to CC Planning, I would suggest you need to have a very detailed discussion with your conveyancing agent and/or the vendor's agent about the issues regarding future development. 
« Last Edit: April 22, 2020, 12:19:12 am by arobwk »

Cornishmaid

  • Joined Apr 2020
Re: The Cornish newbie
« Reply #6 on: April 22, 2020, 07:23:46 am »
We have a contact that basically just requires our signature and the cash (itís safe to say itís our live savings earnt from from years of military service and our current business) so we havenít needed to wait along the lines of mortgages and loans etc so we placed the offer and got it accepted. Iím a key worker within this covid nightmare so to escape is the dream and coming across this seemed great itís just so many pot holes and entering into a whole different world Iím half to hear anything in respect of basically what the heck we can do ?

 

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