Planning Applications, PD and the like (General Chat)

rob1

Member
Location
wiltshire
The thought of what happens when selling did come to mind. Once change of use has happened you would need to change it back to open up the sale to a wider market.
does a change of use remove the right of use for the original use ? We had a barn that was used for cattle so ag use, we then obtained change of use to industrial and thus liable to business rates, when the tenat left we took half the shed back for ag use and rented the other half as a rehearsal room, had no problems(so far ) from the planners and the valuation office removed the rates liability from the ag half( the shed is physically divided)
 
does a change of use remove the right of use for the original use ? We had a barn that was used for cattle so ag use, we then obtained change of use to industrial and thus liable to business rates, when the tenat left we took half the shed back for ag use and rented the other half as a rehearsal room, had no problems(so far ) from the planners and the valuation office removed the rates liability from the ag half( the shed is physically divided)
A change of use is a change of use not the addition of a use. If you want to revert back to the original use or to any other use then you would have to apply again. UNLESS, the change of use has a fixed period or there is a condition reverting it back after a certain criteria is met
 
Hi George,
Can you tell me if it is necessary to use an agent to fill in the planning application for a 4m by 4m conservatory ? When building the agricultural dwelling four years ago the planners took away our permitted development as it was won on appeal and although we would like the best chance of being successful the £500 agent fee could be used else where if it is possible to fill the forms in ourselves. Any advice welcome. Many thanks.
 
Hi George,
Can you tell me if it is necessary to use an agent to fill in the planning application for a 4m by 4m conservatory ? When building the agricultural dwelling four years ago the planners took away our permitted development as it was won on appeal and although we would like the best chance of being successful the £500 agent fee could be used else where if it is possible to fill the forms in ourselves. Any advice welcome. Many thanks.
There is no need to employ an agent for something like that (my boss would kill me for saying that), I will give you some pointers thought;
1. You will need existing and proposed floor plans and elevations, to scale and with a scale bar.
2. Location plan needs to be at a scale of 1:1250 or 1:2500 and be based on OS data. The site (house and garden) needs to be edged in red and the rest of the farm needs to be edged in blue. If the farm is too big to easily show then just do the red line and include a copy of RPA map to show ownership. All plans need north arrow and scale bar.
3. Block plan needs to be at 1:500 or 1:200 and show the immediate area around the conservatory in both existing and proposed. Remember scale bar!
4. Do the application via the planning portal, far easier than printed forms.
5. Write a basic covering letter stating that you understand that your permitted development rights were removed as a condition of application ref xxxxxx, if this had not been the case the conservatory would have permitted development. I would also state that you believe it to be a modest addition to the property and would not detract from the character of the property and the wider area etc etc.

If someone is offering to do all that for £500 then it's a bargain but if you are providing it all and they are just doing the form then that's daylight robbery.
 

MF35

Member
Location
Hampshire
Hi MF35, I was just drafting a PM to you but I'm happy to share with the forum.

This is a very interesting and ultimately confusing situation as it really depends on the views of the planning officer and the local authority which is contradictory to the ethos of the GPDO which is to make the decision black or white. After a little reserach it seems that it is not a view taken by all case officers and local authorities but knowing how far and wide it speads is unknown.

I have found an appeal that was brought against a decision that Shropshire Council had refused and that refusal was upheld by the Inspectorate on the grounds that it could not be determined whether the building was suitable for conversion under Q.2 (e):
Q.2—(1) Where the development proposed is development under Class Q(a) together with development under Class Q(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
(a) transport and highways impacts of the development,
(b) noise impacts of the development,
(c) contamination risks on the site,
(d) flooding risks on the site,
(e) whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, and
(f) the design or external appearance of the building, and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.


We have never come across this ourselves and I have a call out to a contact who has a larger portfolio of Class Q applications to see if it something they have come across but now there is an appeal decision upholding a council's decision then it is out there to be cited time and again. We are now considering whether we should be factoring in ecology surveys for all our rural projects as I have just had an application returned asking for an ecology report for an application to resite a timber 4 bay stable building 25m!

I hope this helps
Did you manage to get a reply from your contact with regard to this matter which you would be able to share please?
Thank you
 

trook135

Member
Location
Hampshire
Hi all, I am looking into putting a roof over an area of hard standing we have in one of our yards which has been used as a builders yard for the best part of 20 years, the area is 25m x25m and adjacent to a grain store, want to use it for a workshop/machinery storage, I have totally bamboozled myself with documents online and to make it even harder its also within the south downs national park, I have never done any of this before and im now very confused as to whether i can do this under PD or if i need to submit a full planning application and where to start with that?
 
Hi all, I am looking into putting a roof over an area of hard standing we have in one of our yards which has been used as a builders yard for the best part of 20 years, the area is 25m x25m and adjacent to a grain store, want to use it for a workshop/machinery storage, I have totally bamboozled myself with documents online and to make it even harder its also within the south downs national park, I have never done any of this before and im now very confused as to whether i can do this under PD or if i need to submit a full planning application and where to start with that?
I would suggest you take some professional advice before approaching the council; you have several issues to contend with.

Firstly, has the change of use from agricultural to builders yard been approved by the council? If not, I would suggest seeking a Lawful Use Certificate for that change of use. Shouldn't be refused as it has been like it for 10+ years but failure to do so may cause issues.

Being in the National Park severely restricts your Permitted Development rights; they are also hampered by the fact the site has not been used for agriculture for the past 20 years.

If the workshop/storage is returning the site back to agriculture then a good consultant may be able to save you seeking the certificate by including this as part of a full planning application which I believe you will need based on you position in the National Park.

We would be happy to look at your situation, please drop me a PM or email me at [email protected].
 

Adam@Rumen

Member
Location
Nantwich/Rishton
George,

If I was sure what I wanted to do came under permitted development, can I just crack on and do it? I understand there is a lawful development certificate I could get to get it completely watertight, but if it fell within permitted development there is nothing to stop me anyway?

I read something (probably on here) about a council having 31 days to respond?

Cheers
 
George,

If I was sure what I wanted to do came under permitted development, can I just crack on and do it? I understand there is a lawful development certificate I could get to get it completely watertight, but if it fell within permitted development there is nothing to stop me anyway?

I read something (probably on here) about a council having 31 days to respond?

Cheers
Residential or Agricultural?
Residential Permitted Development does not require you to notify the local authority but Agricultural Permitted Development requires you to submit an application for Prior Notification
 

Adam@Rumen

Member
Location
Nantwich/Rishton
Sorry George, me again.

Permitted development of 465 square metres... would it make any difference to them if half of that was a basic dutch barn and half was hardcore, or would it be "easier" to get to have it all hardcore?
 

Kidds

Member
Horticulture
Sorry George, me again.

Permitted development of 465 square metres... would it make any difference to them if half of that was a basic dutch barn and half was hardcore, or would it be "easier" to get to have it all hardcore?
I recently applied for similar, they had no issue with the Dutch Barn whatsoever but they did ask why I wanted so much hard standing. My guess is it would be better to include the barn but mine was Cheshire West, I assume yours is Cheshire East
 

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