Planning Applications, PD and the like (General Chat)

Dookist

Member
That is the general principle, correct. But in some cases building something akin to a historical form can win some favour.
I find the history of the place just fascinating... I found ancient (intact) glass bottles when I widened the ditch... They loved their beer & whisky, apparently...Bovril...Coffee extract...grill sauce (?) and some rather sinister blue bottles with "Poison" written on the side...maybe embrocation for their aches and pains- Oh and the excavation of the well would be going on during the Spanish flu pandemic... Yes, it would be amazing to build something to mark the history of the first clean drinking water to be supplied to the area... but I don't have the means, sadly. Dx
 

Dookist

Member
Q: Does it cost more to make a retrospective planning application?

Also, would the application fee for the silo be the same as for a dwelling, even if it is just to be used as storage/recreational purposes? Dx

*Found this: Erection of buildings (not dwelling houses agricultural, glasshouses, plant nor machinery)
Gross floor space to be created by the development
No increase in floor space or no more than 40 sq m

£234
 
Last edited:
Q: Does it cost more to make a retrospective planning application?

Also, would the application fee for the silo be the same as for a dwelling, even if it is just to be used as storage/recreational purposes? Dx
No a retrospective application is the same cost as a normal one - in your case the application fee will be £234 if floor area is under 40sqm, £462 if between 40 and 75 sqm and above that is £462 per 75sqm.
A single dwelling is £462 irrespective of size.
 

Dookist

Member
No a retrospective application is the same cost as a normal one - in your case the application fee will be £234 if floor area is under 40sqm, £462 if between 40 and 75 sqm and above that is £462 per 75sqm.
A single dwelling is £462 irrespective of size.
Ah... thanks George... I'm not sure where I got the idea that retrospective applications were more expensive...
Ok, the total floorspace for the silo, including the mezzanine, is 39.5 sq m, so that's good.
I'm still very confused about the situation where 'No appeal under ground (a) may be made if an enforcement notice is issued within the time allowed for determination of a retrospective planning application'.
Are they likely to rush to issue an EN (to deprive me from making an appeal) whilst they are waiting for me to return the PCN, do you think?
Maybe I should I discuss with the Enforcement Officer my intention to make a retrospective application to see if they would allow time for the decision of the application...(?)
Or maybe I'm overthinking things, as usual... Dx
 
Ah... thanks George... I'm not sure where I got the idea that retrospective applications were more expensive...
Ok, the total floorspace for the silo, including the mezzanine, is 39.5 sq m, so that's good.
I'm still very confused about the situation where 'No appeal under ground (a) may be made if an enforcement notice is issued within the time allowed for determination of a retrospective planning application'.
Are they likely to rush to issue an EN (to deprive me from making an appeal) whilst they are waiting for me to return the PCN, do you think?
Maybe I should I discuss with the Enforcement Officer my intention to make a retrospective application to see if they would allow time for the decision of the application...(?)
Or maybe I'm overthinking things, as usual... Dx
The reason you can not appeal under Ground (a) of an enforcement appeal if a retrospective application is already live is that Ground (a) is asking the inspector to decide whether the development should be granted permission; if the LPA are already considering it under a retorspective planning application then there would be a conflict of powers.
You could wait for the EN and then appeal under Ground (a) as you will have as much chance of success that route as you would with a retrospective application. The only advantage of the retrospective is you could cite the bat roosting as justification where as the Ground (a) would only be looking at whether the application would have been approved if you had asked first, in whihc case the bats would not have been present.
 

holwellcourtfarm

Member
Livestock Farmer
The reason you can not appeal under Ground (a) of an enforcement appeal if a retrospective application is already live is that Ground (a) is asking the inspector to decide whether the development should be granted permission; if the LPA are already considering it under a retorspective planning application then there would be a conflict of powers.
You could wait for the EN and then appeal under Ground (a) as you will have as much chance of success that route as you would with a retrospective application. The only advantage of the retrospective is you could cite the bat roosting as justification where as the Ground (a) would only be looking at whether the application would have been approved if you had asked first, in whihc case the bats would not have been present.
How does one prove that one doesn't have field drains? Surely the onus should be on the EA to prove that rules have been breached by providing evidence that the field DOES have them?

Our are we now guilty until proven innocent?

And what if they are there but don't work? Some of this farm was "restored" after digging by Redland Aggregates including laying plastic field drains within a year of back filling. Those drains don't run due to settlement and the ditch they dug to run them to is always dry.
 
How does one prove that one doesn't have field drains? Surely the onus should be on the EA to prove that rules have been breached by providing evidence that the field DOES have them?

Our are we now guilty until proven innocent?
I would agree, if the EA were to make such a claim then surely it is up to them to back it up. Buth then again, it is the EA! 😉
 

Dookist

Member
The reason you can not appeal under Ground (a) of an enforcement appeal if a retrospective application is already live is that Ground (a) is asking the inspector to decide whether the development should be granted permission; if the LPA are already considering it under a retorspective planning application then there would be a conflict of powers.
You could wait for the EN and then appeal under Ground (a) as you will have as much chance of success that route as you would with a retrospective application. The only advantage of the retrospective is you could cite the bat roosting as justification where as the Ground (a) would only be looking at whether the application would have been approved if you had asked first, in whihc case the bats would not have been present.
Yes, the bats... most important! I was also thinking of the costs involved in waiting for the EN, as funds are in very short supply....Dx
 

Dookist

Member
If timescales are costing you then consider this - appealing will take at least 6 months, a retrospective application will take about 8 weeks.
That's true! Thank you, George....

I came across something interesting whilst researching the previous planning applications for this property;

'Replacement of existing pump house by a smaller building to house pump control apparatus. Permission granted 4th December 1951'... and there's a reference number for the application.
But a search on the website didn't throw up any further details. Do LPAs keep historical applications or would it have been deleted by now? Dx
 
That's true! Thank you, George....

I came across something interesting whilst researching the previous planning applications for this property;

'Replacement of existing pump house by a smaller building to house pump control apparatus. Permission granted 4th December 1951'... and there's a reference number for the application.
But a search on the website didn't throw up any further details. Do LPAs keep historical applications or would it have been deleted by now? Dx
They should still have the file either in paper form or microfiche for you to request or arrange to view.
 

holwellcourtfarm

Member
Livestock Farmer
They should still have the file either in paper form or microfiche for you to request or arrange to view.
Unlike the EA who throw away all but the coverpage for Land Drainage Consents after 3 years (or certainly did when I was last there in 2014). It makes a mockery of records as most decisions state that the approval is for construction in accordance with the plans submitted, the ones they no longer possess!
 
They should still have the file either in paper form or microfiche for you to request or arrange to view.
Unless it is Milton Keynes who told me they lost everything in a fire a few years ago when I asked for documentation to disprove a claim they were making. After some strong arming over incorrect storage procedures it took on the form of a phoenix and miraculously appeared!
 

SFI - What % were you taking out of production?

  • 0 %

    Votes: 104 40.6%
  • Up to 25%

    Votes: 93 36.3%
  • 25-50%

    Votes: 39 15.2%
  • 50-75%

    Votes: 5 2.0%
  • 75-100%

    Votes: 3 1.2%
  • 100% I’ve had enough of farming!

    Votes: 12 4.7%

May Event: The most profitable farm diversification strategy 2024 - Mobile Data Centres

  • 1,542
  • 29
With just a internet connection and a plug socket you too can join over 70 farms currently earning up to £1.27 ppkw ~ 201% ROI

Register Here: https://www.eventbrite.com/e/the-mo...2024-mobile-data-centres-tickets-871045770347

Tuesday, May 21 · 10am - 2pm GMT+1

Location: Village Hotel Bury, Rochdale Road, Bury, BL9 7BQ

The Farming Forum has teamed up with the award winning hardware manufacturer Easy Compute to bring you an educational talk about how AI and blockchain technology is helping farmers to diversify their land.

Over the past 7 years, Easy Compute have been working with farmers, agricultural businesses, and renewable energy farms all across the UK to help turn leftover space into mini data centres. With...
Top