Enforcement Notice- Grounds of Appeal

Dookist

Member
Hello.... another planning question, please;

If the LPA were to assume that the building I've put up (without permission) is for a dwelling, how can I convince them that it isn't?
I've installed a WC/shower, (the dogs roll in fox poo), but there is no kitchen, bedroom, lighting or heating. The main purpose for the building is storage of tools and garden equipment, (I manage the one acre site for nature) & there's a mezzanine floor, which I hope will provide an art studio/rest area.
What constitutes a dwelling?

Thanks, Dx
 

Alchad

Member
Not quite sure what ‘managing for nature’ means, but then you talk about garden equipment, seems a bit contradictory. Sounds to me like just a way to try and circumvent planning ‘shower and wc because the dogs roll in fox poo’!. Somehow cant see the LPA buying that, I certainly wouldn’t.
 
I think your problem is you have errected a building without permission - irrespective of the perceived or actual use.
1ac of land has no Permitted Development rights for new or replacement buildings so anything, even a garden shed needs planning.
If you require the building for storing the equipment for maintaining the land then there is no justification for the shower or the mezzanine.
The mezzanine and shower are introducing elements foreign to the legal use of the land and therefore you should apply for change of use.
 

Dookist

Member
Thanks, George... I'm afraid I haven't got my ducks in a row... I should have checked my rights before going ahead with the silo. I thought I could just replace the existing building with another one, as long as it was sympathetic to the local vernacular. I originally hoped for a live/work art studio, but I can see now that this is not going to happen as new builds have size regulatons (is this correct?).

I'm wondering if I should just make a retrospective application anyway, because if I find a reason to appeal, I'd only pay the single appliaction fee, (as far as I can work out). I saw this;

'No fees are payable (to the Inspectorate) if the appellant submitted (and paid the relevant fee for) a planning application to the local planning authority for the same development before the notice was issued and the time for determining the application (usually 8 weeks) has passed, but the application was not determined by the issue date of the notice (N.B., if the application is still within the 8 weeks for determination you may be barred from pleading ground (a) but may later be able to appeal the planning decision)'


The enforcement officer was quite helpful in pointing out that I could probably make use of the existing building in the same way... (No size restrictions for conversions). But having the silo for extra storage would be very useful. Dx
 

teslacoils

Member
Location
Lincolnshire
Hello.... another planning question, please;

If the LPA were to assume that the building I've put up (without permission) is for a dwelling, how can I convince them that it isn't?
I've installed a WC/shower, (the dogs roll in fox poo), but there is no kitchen, bedroom, lighting or heating. The main purpose for the building is storage of tools and garden equipment, (I manage the one acre site for nature) & there's a mezzanine floor, which I hope will provide an art studio/rest area.
What constitutes a dwelling?

Thanks, Dx
I originally hoped for a live/work art studio,
It's a house on the sly. A home office with bathroom and enough space so you can have a sleep if it's got late. The planners will see this; the parish will see this. They won't like it.

What you need for managing an acre is at best a garden shed. You have a building with multiple levels, toilet and wash facilities.
 

egbert

Member
It's a house on the sly. A home office with bathroom and enough space so you can have a sleep if it's got late. The planners will see this; the parish will see this. They won't like it.

What you need for managing an acre is at best a garden shed. You have a building with multiple levels, toilet and wash facilities.
I can think of impoverished youngsters living in less well appointed accommodation!
 
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Dookist

Member
and a shipping container!
A shipping container would still be an unauthorised building... would also look quite ugly plonked in the middle of a field...whereas the silo doesn't look out of place at all... My neighbour just along the road has two silos which are used as storage. Dx
 

Nearly

Member
Location
North of York
Yes, but they're probably used for storage....... of grain....

You're being as wilfully obtuse as the council are.

Either be honest or completely deceitful. There's no middle ground once you're 'caught'.

Open up your acre for school visits etc and you need full welfare facilities.
Just for yourself you might have to make do with a clump of grass and a dock leaf.
 

Dookist

Member
Yes, but they're probably used for storage....... of grain....

You're being as wilfully obtuse as the council are.

Either be honest or completely deceitful. There's no middle ground once you're 'caught'.

Open up your acre for school visits etc and you need full welfare facilities.
Just for yourself you might have to make do with a clump of grass and a dock leaf.
People come in here for help & advice... there's no need for this.
 

AGCO reports sales increase of 43.5% compared to 2020 figures

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Written by Agriland Team from Agriland

The tractor manufacturer AGCO, which consists of brands such as Challenger, Fendt, GSI, Massey Ferguson and Valtra, reported its results for the second quarter ending June 30, 2021.

Net sales for the second quarter were approximately $2.9 billion, an increase of approximately 43.5% compared to the second quarter of 2020.

AEM

Reported net income was $3.73/share for the second quarter of 2021, and adjusted...
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