Farm track/permitted development

[BSH]

Looking for opinions on farm tracks and permitted development. I have just put in a farm track and new gateway on the farm and a neighbour has got an enforcement officer out to come and see me. The enforcement officer is saying that I need permission from the council to put in a track. Is this others experience?? The route was an existing unsurfaced track that I have now surfaced. The gateway was too narrow so I have created a new one 5 yds to the side of the original. Grateful for any input.

 

[YorkshireAndrew]

Wouldn't have thought so if it's not connecting to a public highway . Neighbours - don't you just love 'em !

 

[renewablejohn]

Must have similar neighbors. Enforcement officer came round to use after we re-stoned the roadway through our woods. Totally certain of his facts that I needed planning permission fortunately I was more aware of the history of the farm and could refer him back to the 1795 Enclosure Act when the roadway was put in and show him the 1850 Ordnance Survey map where the track was clearly marked. Needless to say he was told in no uncertain manner what he could do with his threatened enforcement notice. Old OS maps are the best place to start but if not on the map you could be on a sticky wicket.

 

[BSH]

Thanks for the replies. My track is not so clear cut as yours @renewablejohn and have, subsequent to my post, now had an email saying that I have to apply for retrospective planning permission. I think the issue is one of whether there is excavation involved or not. We shall see.

 

[renewablejohn]

Can you see the track on existing satellite images prior to your upgrade and is the track deducted from your eligible farmland by the RPA. If so then I would respond back to council saying retrospective planning permission not required as you have only repaired an existing track quoting the satellite image and RPA deduction. The only can of worms would be the new gateway but it would be very harsh not to allow that on the basis of equipment size getting bigger and retaining the original gateway for heritage reasons. I would avoid if at all possible retrospective planning permission as you will then have to answer to the EA rules and regs which you can obtain off there web site.

 

[renewablejohn]

Depending on what material you have used you might need this exemption from EA.

https://www.gov.uk/waste-exemptions-using-waste

 

[Exfarmer]

If you have put in a new gateway you are on a sticky wicket whatever the reason.
Councils see these as a real money earner. We. Wanted to move one 20 yards as the line of sight on the original was very bad. They only wanted 25,000 to do it as they would require the splay to road standards, ie a lot better than the road it connected too.
If you just widen the existing little they can do.

 

[Y Fan Wen]

If you have put in a new gateway you are on a sticky wicket whatever the reason.
Councils see these as a real money earner. We. Wanted to move one 20 yards as the line of sight on the original was very bad. They only wanted 25,000 to do it as they would require the splay to road standards, ie a lot better than the road it connected too.
If you just widen the existing little they can do.

Should be able to do that over 5 years or so, 12' per year!!!

 

[rob1]

Was the new gate on to a classified foad ? If so then you maywell need pp, just block if up and widen the old one. As far as the track goes just get a sworn statement from someone who can show they have known the farm for ten years. Resurfacing is a repair so does not need pp how long has the neighbour been there ?

 

[BSH]

Thanks for the replies. The gateway is off a private road in the middle of the farm not off the public highway. The track is clearly visible on google maps sat picture but was not hard surfaced and was therefore still eligble for SFP.

 

[Nearly]

I'm sure it was hard surfaced back in the day but had grown through with grass?

 

[rob1]

Thanks for the replies. The gateway is off a private road in the middle of the farm not off the public highway. The track is clearly visible on google maps sat picture but was not hard surfaced and was therefore still eligble for SFP.

Two words for the council then, the second is off, you do not need pp to put a gate into any road unless classified just show them the google pics and tell them as @Nearly says it was hard surfaced but grown over as this one will. Write to them and get them to put in writing what you have done that requires PP so you can ask your solicitor who will argue the case( just pic one in your area that has a planning section)but will of course charge you and you will then pass the bill to them as they have given you misleading advice. They will back down as soon as you mention legal fees

 

[BSH]

Thanks all.

 

[Bruce Almighty]

I had a similar experience 3 or 4 years ago
We had all the crushed stone from a nearby motorway works, used it to improve the existing dirt tracks through the farm. All above board with EA, we had the right exemption. We dug topsoil out, laid 12" crush then put topsoil back so it would green up for SFP etc.
At the same time I'd applied to put a new building up on Ag notice near to 1 of the tracks. As it turned out we never built the shed ! But some nosey Parker was onto the council complaining that we'd built a track to this unbuilt shed without permission.
Council had to act as it was a complaint. I never found out who it was but I will one day
NFU said yes you have improved it without permission, council are right
I ended up having to apply for retrospective planning permission (which I got) & 3 lots of planning fees due to the length/area involved. So a bill for £510 & a load of hassle I could've done without. If I'd known in advance 28 day ag notice application would've done

 

[Derrick Hughes]

I would ignore them

 

[burr elm]

I would ignore them

That can get expensive fast.

 

[Derrick Hughes]

That can get expensive fast.[/quote

 

[Derrick Hughes]

I took advice,from a forum member, thank you

 

[renewablejohn]

I would ignore them

I have found attack is the best form of defense against planners using a good land agent.

 

[burr elm]

I took advice,from a forum member, thank you

The op said an enforcement officer is involved, ignore them at your peril and you could find out what powers they have.