Planning Applications, PD and the like (General Chat)

Montexy

Member
Bit of advice needed on certificate of lawfulness v planning. Bought some extra land years ago bordered by three lanes with an entrance in each lane. One of the entrances had been put in by the previous owner without planning - and we knew about that at the time, the other two are "legal" and they appear on O/S maps - the one put in by the previous owner does not appear on maps. I know at the time he had an enforcement notice to remove some vehicles he had dumped on the place and I know the council had spoken to him about the entrance but don't think they ever gave him enforcement for that and I think he might have go away by saying about the old gate in the hedge route but I am not 100% sure. To cut a long story short we are toying with the idea of selling a few acres but it would mean the sold land would depend on the entrance that is without planning. We have had that bit of land 35 years and if my memory is correct the entrance was put in about 40 years ago. I have used that particular entrance at least once a week for all these years. One other fly in the ointment is about two years ago someone else put in for planning for a new entrance - about a mile away but on the same lane, it was refused. Her application also included a large barn for horses which I think was the main concern but the main objections towards the entrance was that it would involve cutting down hedging, I think this woman's planning refusal might have set a precedence to err on the side of refusal towards anything I might want with regards to the entrance although of course my gateway hedging was taken down some forty years ago!
If we decide not to sell then I would not bother and just keep things as they are but if we go ahead I would need to sort it out before it goes to market. My questions are - should we go for lawfulness over full planning. Is the lawfulness route fairly straight forward to do - Ive done a few planning permissions in the past and found them time consuming but doable, or is this one of those jobs to avoid and get an expert in. Also what are the chances of getting it? and if I don't get it are the planning dept likely to serve me with notice not to use the entrance again? I dont want to trip myself up if I can help it...
 
Bit of advice needed on certificate of lawfulness v planning. Bought some extra land years ago bordered by three lanes with an entrance in each lane. One of the entrances had been put in by the previous owner without planning - and we knew about that at the time, the other two are "legal" and they appear on O/S maps - the one put in by the previous owner does not appear on maps. I know at the time he had an enforcement notice to remove some vehicles he had dumped on the place and I know the council had spoken to him about the entrance but don't think they ever gave him enforcement for that and I think he might have go away by saying about the old gate in the hedge route but I am not 100% sure. To cut a long story short we are toying with the idea of selling a few acres but it would mean the sold land would depend on the entrance that is without planning. We have had that bit of land 35 years and if my memory is correct the entrance was put in about 40 years ago. I have used that particular entrance at least once a week for all these years. One other fly in the ointment is about two years ago someone else put in for planning for a new entrance - about a mile away but on the same lane, it was refused. Her application also included a large barn for horses which I think was the main concern but the main objections towards the entrance was that it would involve cutting down hedging, I think this woman's planning refusal might have set a precedence to err on the side of refusal towards anything I might want with regards to the entrance although of course my gateway hedging was taken down some forty years ago!
If we decide not to sell then I would not bother and just keep things as they are but if we go ahead I would need to sort it out before it goes to market. My questions are - should we go for lawfulness over full planning. Is the lawfulness route fairly straight forward to do - Ive done a few planning permissions in the past and found them time consuming but doable, or is this one of those jobs to avoid and get an expert in. Also what are the chances of getting it? and if I don't get it are the planning dept likely to serve me with notice not to use the entrance again? I dont want to trip myself up if I can help it...
40 years of use is plenty to seek a Certificate of Lawfulness (CLUED) providing you can prove 10 years continuous existence.
Aerial Photos spanning the past 10 years would be a good start and some sworn statements from locals would support it.
It is fairly straightforward to do but you only get one shot really, may be more worth your while getting a pro to do it.
 

Montexy

Member
40 years of use is plenty to seek a Certificate of Lawfulness (CLUED) providing you can prove 10 years continuous existence.
Aerial Photos spanning the past 10 years would be a good start and some sworn statements from locals would support it.
It is fairly straightforward to do but you only get one shot really, may be more worth your while getting a pro to do it.
Thanks george,
Its not a problem with the continuous use photos statements, and proof.
I think i will get a pro to look at it then.
 

Montexy

Member
Thanks george,
Its not a problem with the continuous use photos statements, and proof.
I think i will get a pro to look at it then.
One extra thought, if we decide not to sell any land, i was planning on leaving things as they are however, if the planning ever twigged that the entrance was without permission would i still be allowed to apply for CLUED at that stage or would them taking action mean that would then not be an option?
 
One extra thought, if we decide not to sell any land, i was planning on leaving things as they are however, if the planning ever twigged that the entrance was without permission would i still be allowed to apply for CLUED at that stage or would them taking action mean that would then not be an option?
I would suggest doing it anyway, it's always unlawful until a CLUED is sought. By the way, it is exempt from enforcement already but they would make you jump through hoops to prove it - better to beat them to it
 

dannewhouse

Member
Location
huddersfield
I have put planning in for a fairly straightforward extension to a cattle building 18m x18m so I'm well below the 465m2
Council have asked for 28 day extension for COVID, do I have to accept this?
I don't really feel they need it, it's a straight forward application, and COVID has been on that long now working from home is nothing new, I was thinking of saying I will allow a 7 day extension to allow for if the planning officer needs to isolate, which wouldn't affect work any way?

What's the best advice or is it a case of be nicey nicey to the planning people
 

holwellcourtfarm

Member
NFFN Member
I have put planning in for a fairly straightforward extension to a cattle building 18m x18m so I'm well below the 465m2
Council have asked for 28 day extension for COVID, do I have to accept this?
I don't really feel they need it, it's a straight forward application, and COVID has been on that long now working from home is nothing new, I was thinking of saying I will allow a 7 day extension to allow for if the planning officer needs to isolate, which wouldn't affect work any way?

What's the best advice or is it a case of be nicey nicey to the planning people
Full planning or PD?
 

Highland Mule

Member
Livestock Farmer
I have put planning in for a fairly straightforward extension to a cattle building 18m x18m so I'm well below the 465m2
Council have asked for 28 day extension for COVID, do I have to accept this?
I don't really feel they need it, it's a straight forward application, and COVID has been on that long now working from home is nothing new, I was thinking of saying I will allow a 7 day extension to allow for if the planning officer needs to isolate, which wouldn't affect work any way?

What's the best advice or is it a case of be nicey nicey to the planning people

No extension acceptable - you need the building on animal welfare grounds and are constrained by construction windows/ weather.
 
I have put planning in for a fairly straightforward extension to a cattle building 18m x18m so I'm well below the 465m2
Council have asked for 28 day extension for COVID, do I have to accept this?
I don't really feel they need it, it's a straight forward application, and COVID has been on that long now working from home is nothing new, I was thinking of saying I will allow a 7 day extension to allow for if the planning officer needs to isolate, which wouldn't affect work any way?

What's the best advice or is it a case of be nicey nicey to the planning people
If it's Prior Approval then don't give them an extension as it will be deemed consent when it goes out of time.
If it is Full Planning then you are best to give them the extension rather than them rush a poor decision.
 

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