Planning Applications, PD and the like (General Chat)

ok that's good to hear ... The reason I asked was my planning consultant stated it could be an issue.🙄 could you please confirm that this should not be an issue on a private track ?
Class Q I don't believe so. The legislation states "highway impacts" - a private track is not a highway and therefore cannot be assessed.
However if you're going for full planning permission I would suggest that external consultees such as Environmental Protection and the Fire Brigade may have an issue.
 

sant2468

Member
Class Q I don't believe so. The legislation states "highway impacts" - a private track is not a highway and therefore cannot be assessed.
However if you're going for full planning permission I would suggest that external consultees such as Environmental Protection and the Fire Brigade may have an issue.
Thanks for this .. You stated legislation ..could you please provide a legislation paragraph ?
 
Thanks for this .. You stated legislation ..could you please provide a legislation paragraph ?
The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), Schedule 2, Part 3, Class Q, Paragraph
Q.2—(1) Where the development proposed is development under Class Q(a) together with development under Class Q(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a)transport and highways impacts of the development,

(b)noise impacts of the development,

(c)contamination risks on the site,

(d)flooding risks on the site,

(e)whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, and

(f)the design or external appearance of the building,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
 

AJ123

Member
Mixed Farmer
Location
South east
I’m looking to build a pig fattening shed, getting planning for a general purpose ag building is easy enough here, but I’ve only every applied for grain stores.
What extra do I need to do to support my application with regard pollution/ nutrients etc?
 
The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), Schedule 2, Part 3, Class Q, Paragraph
Q.2—(1) Where the development proposed is development under Class Q(a) together with development under Class Q(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a)transport and highways impacts of the development,

(b)noise impacts of the development,

(c)contamination risks on the site,

(d)flooding risks on the site,

(e)whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, and

(f)the design or external appearance of the building,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
The
I’m looking to build a pig fattening shed, getting planning for a general purpose ag building is easy enough here, but I’ve only every applied for grain stores.
What extra do I need to do to support my application with regard pollution/ nutrients etc?
If it is under Prior Approval you only need to stay 400m away from a protected building.
A protected building is any building regularly occupied by humans - houses, schools, churches, shops etc. It does not include the farms own buildings (including farmhouse and farm owned dwellings).

If you need full planning permission the council will probably make you jump through hoops with noise and odour assessments, waste and effluent management plans, transport plans, ecology .... the list goes on.
 

sant2468

Member
The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), Schedule 2, Part 3, Class Q, Paragraph
Q.2—(1) Where the development proposed is development under Class Q(a) together with development under Class Q(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a)transport and highways impacts of the development,

(b)noise impacts of the development,

(c)contamination risks on the site,

(d)flooding risks on the site,

(e)whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, and

(f)the design or external appearance of the building,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
thank you ... i'll have a chat with my consultant and explain we can't be stop because of the private track in regards to highways laws
 

Forever Fendt

Member
Location
Derbyshire
i'm going to be looking at class q on a concrete cowshed. I'm concerned about access along a single private track from the public highway which is shared with 3 other residents. One of which does not have a vehicle. Can anybody advise what the highway checks are looking for to block the application. The track is 250m approximately and has 2 passing point
perhaps one of the residents will own the track and grant a right of way to other users ,I have a right of way to a couple of fields and I only use them twice a year as there are other points of access but it does say in the deeds 'Right to pass over the land for agricultural purposes by the land owner or his servants with horses and motor carriages ,vey old paper work but I doubt it would allow a residential element to be established ,May not be relevant in your case and perhaps you own the access routes
 
perhaps one of the residents will own the track and grant a right of way to other users ,I have a right of way to a couple of fields and I only use them twice a year as there are other points of access but it does say in the deeds 'Right to pass over the land for agricultural purposes by the land owner or his servants with horses and motor carriages ,vey old paper work but I doubt it would allow a residential element to be established ,May not be relevant in your case and perhaps you own the access routes
This situation comes up quite a lot and from a planning perspective it is irrelevant; Planning Officers are not solicitors and civil law is not a consideration for planning. It is quite possible to get planning and then find that if you build it you can not access it.

We actually have two clients on our books where they have access issues with the properties they have purchased with planning permission.
 

sant2468

Member
Very diplomatic ,I would probably tell him he's been released from duties and replaced with a more experienced consultant

perhaps one of the residents will own the track and grant a right of way to other users ,I have a right of way to a couple of fields and I only use them twice a year as there are other points of access but it does say in the deeds 'Right to pass over the land for agricultural purposes by the land owner or his servants with horses and motor carriages ,vey old paper work but I doubt it would allow a residential element to be established ,May not be relevant in your case and perhaps you own the access routes
In my case we all own the track and it states "...
with or without vehicles for all purposes and at all times
over the land
"
 

sant2468

Member
Very diplomatic ,I would probably tell him he's been released from duties and replaced with a more experienced consultant
Must admit ... I would think a good planning consult should know the diffrenace between "highway" and "private road"... :cautious: in relation to class Q. Do we think he might have got mixed up with full planning application ?
 
Must admit ... I would think a good planning consult should know the diffrenace between "highway" and "private road"... :cautious: in relation to class Q. Do we think he might have got mixed up with full planning application ?
Quite possibly, however what have you paid for? A planning consultant undertaking a Class Q application SHOULD be charging less than a full planning application.
 

sant2468

Member
Need some guidance what to do with this planning consultant. Below is my communication with him
<ME>
Q. Can I have your feedback on “highways” in regards to Class Q application ?

<PLANNING CONSULTANT REPLY>

I don't think there's much to discuss. The highway situation is as it is and there isn't anything significant you can do about it except hope that the Highway Authority accept that any issues of vehicle safety do not impact on the public highway and do not, therefore, raise concerns.



o_O
 
Need some guidance what to do with this planning consultant. Below is my communication with him
<ME>
Q. Can I have your feedback on “highways” in regards to Class Q application ?

<PLANNING CONSULTANT REPLY>

I don't think there's much to discuss. The highway situation is as it is and there isn't anything significant you can do about it except hope that the Highway Authority accept that any issues of vehicle safety do not impact on the public highway and do not, therefore, raise concerns.



o_O
I'm sorry, I don't like criticising anyone but that is poor customer service. He should be reassuring you, or advising on the potential pitfalls, offering solutions etc - not just throwing his hands in the air and saying "it is what it is".
 

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quote: “Red Tractor has confirmed it is dropping plans to launch its green farming assurance standard in April“

read the TFF thread here: https://thefarmingforum.co.uk/index.php?threads/gfc-was-to-go-ahead-now-not-going-ahead.405234/
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