Agricultural Planning Problem

[Nosmo King]

I had a well established Farm Shop in the Green Belt which had been established for over 30 years.
I sold it in 2018 and the new owner has come unstuck as he put 3 x 30 ft containers on the land without planning permission and he expanded his car park taking part of a Green Belt field again without applying for Planning Permission
He did not realise he needed planning permission and does not understand written English very well.

It has been suggested by a Chartered Town Planner that he make an application for a new building where the car park expansion took place.
Recently he bought a small farm which has 12 acres of land, is it still correct that someone with land where they can for instance take a Hay crop off can make an Agricultural Planning Application for a building to house their crop. I did it 25 years ago, then the application cost £20 and the Council had 28 days in which to object,
As he has already had a planning application refused for the containers he needs to do something.

I wondered is it worth asking a Chartered Surveyor to do a report stating that with the 12 acres he has, he fits the criteria for applying for an Agricultural Planning Application, Permitted Development,

All replies gratefully received

 

[Nearly]

@George from SJM Planning

 

[George from SJM Planning]

@George from SJM Planning

Thank you @Nearly

I had a well established Farm Shop in the Green Belt which had been established for over 30 years.
I sold it in 2018 and the new owner has come unstuck as he put 3 x 30 ft containers on the land without planning permission and he expanded his car park taking part of a Green Belt field again without applying for Planning Permission
He did not realise he needed planning permission and does not understand written English very well.

It has been suggested by a Chartered Town Planner that he make an application for a new building where the car park expansion took place.
Recently he bought a small farm which has 12 acres of land, is it still correct that someone with land where they can for instance take a Hay crop off can make an Agricultural Planning Application for a building to house their crop. I did it 25 years ago, then the application cost £20 and the Council had 28 days in which to object,
As he has already had a planning application refused for the containers he needs to do something.

I wondered is it worth asking a Chartered Surveyor to do a report stating that with the 12 acres he has, he fits the criteria for applying for an Agricultural Planning Application, Permitted Development,

All replies gratefully received

I would suggest the owner seeks the advice of a Chartered Town Planner (not a Chartered Surveyor) - it seems they may well have a target on their back from the unlawful development and the council will (but shouldn't) look at any new application with suspicion.

Development in the Green Belt is restricted to a few exceptions, and even those still need to be justified. The car park and constainers would be difficult to argue - have they been enforced against? If so, it is imperitive they seek professional advice before engaging with the council.

Why would they need a new building? Unless they have a legitimate agricultural need the council will (rightly or wrongly) assume it will be replacing the containers and deem it non-agricultrual which would then be inappropriate in the Green Belt.

They need to tread very carefully. We would be happy to help if they email me - [email protected]

 

[Nosmo King]

The reason I suggested a Chartered Surveyor is that I thought that if he (or she) did a report to say that the applicant has 5 hectares of arable land and would be able to take a crop from it and sell it in his Farm Shop, it is up to his Chartered Town Planner to say that the applicant fits the Agricultural Requirement for an application for an Agricultural Building

 

[George from SJM Planning]

The reason I suggested a Chartered Surveyor is that I thought that if he (or she) did a report to say that the applicant has 5 hectares of arable land and would be able to take a crop from it and sell it in his Farm Shop, it is up to his Chartered Town Planner to say that the applicant fits the Agricultural Requirement for an application for an Agricultural Building

I have done a lot of small agricultural applications and generally a short statement in the planning statement is sufficient.

 

[Alchad]

The reason I suggested a Chartered Surveyor is that I thought that if he (or she) did a report to say that the applicant has 5 hectares of arable land and would be able to take a crop from it and sell it in his Farm Shop, it is up to his Chartered Town Planner to say that the applicant fits the Agricultural Requirement for an application for an Agricultural Building

Bit confused as to what crop could be sold in a farm shop?

 

[fieldfarmer]

Bit confused as to what crop could be sold in a farm shop?

Linseed oil, rapeseed oil, human consumption breakfast oats. , any type of straw from bales to 1kg bags for your rabbit, not quite arable but potatoes, sweets etc,etc.