Planning Applications, PD and the like (General Chat)

[onthehoof]

Yes, you have Permitted Development rights but you have to seek Prior Approval before you can utilise them.

OK, looking back at correspondence, they proposed to apply for full planning (change of use under LP32? ) on old barn
but we have another barn about 2 miles away which they proposed applying for under class Q, so does distance from permitted development new barn come into it - different farmyard although same holding?

 

[Doing it for the kids]

OK, looking back at correspondence, they proposed to apply for full planning (change of use under LP32? ) on old barn
but we have another barn about 2 miles away which they proposed applying for under class Q, so does distance from permitted development new barn come into it - different farmyard although same holding?

Same holding I think.

Some planners do check ownership, some less-so.

We have recently made it deliberately harder for them to work it out to ease this issue! Risk is if they look back and check but all council resources are soooo stretched in every way I doubt they will do unless a savage local hate campaign is unleashed!

 

[George from SJM Planning]

Is it also the same with Class R regarding 10yrs?

Yes I believe so, I don't have the legislation in front of me but it would make sense it would.

 

[George from SJM Planning]

OK, looking back at correspondence, they proposed to apply for full planning (change of use under LP32? ) on old barn
but we have another barn about 2 miles away which they proposed applying for under class Q, so does distance from permitted development new barn come into it - different farmyard although same holding?

Yes they would see it as the same holding. You could get the Class Q and then reapply for full planning with the security that you have the Class Q as a fallback. Full Planning is generally preferable as it removes some restrictions that can make a Class Q hard to implement but it would mean a second application and possibly extra surveys.

 

[tullah]

Yes they would see it as the same holding. You could get the Class Q and then reapply for full planning with the security that you have the Class Q as a fallback. Full Planning is generally preferable as it removes some restrictions that can make a Class Q hard to implement but it would mean a second application and possibly extra surveys.

Can one gift a potential Class Q building and site to a son and so put it under a different holding number?

 

[George from SJM Planning]

Can one gift a potential Class Q building and site to a son and so put it under a different holding number?

I have been asked this a few times by clients but it is all a risk - by hiving off the building (and associated land) would it cease to be 'part of an established agricultural holding' and have been so for 10 years. The only way to say 'yes' is to have it linked to the main holding which is the whole reason you're looking to split it off - so in my opinion no this wouldn't work.
Again if you're looking to avoid the complications of Class Q then apply for the class queue and then once secured reapply for full planning permission for the same or similar scheme. The future restrictions only coming to place if you implement the Class Q permission so if you only use it as a fallback position for a full planning application the restrictions are not valid.

 

[ploughman1963]

Bugger!

gutting isnt it - fell foul of the same catch

 

[Blue.]

gutting isnt it - fell foul of the same catch

Yeah,only six years to wait for me.

 

[steveR]

Yeah,only six years to wait for me.

Patience is a Virtue......









... but bloody frustrating at times.

 

[onthehoof]

Yes they would see it as the same holding. You could get the Class Q and then reapply for full planning with the security that you have the Class Q as a fallback. Full Planning is generally preferable as it removes some restrictions that can make a Class Q hard to implement but it would mean a second application and possibly extra surveys.

Except that we couldn't, as we had used PDR on new barn

 

[Cowski]

Yes they would see it as the same holding. You could get the Class Q and then reapply for full planning with the security that you have the Class Q as a fallback. Full Planning is generally preferable as it removes some restrictions that can make a Class Q hard to implement but it would mean a second application and possibly extra surveys.

As I understand, Class Q development is exempt from CIL charges and phosphate legislation, does the new planning application trigger either of these?

 

[George from SJM Planning]

As I understand, Class Q development is exempt from CIL charges and phosphate legislation, does the new planning application trigger either of these?

That would depend on the specific local authority and their charging schedule - CIL etc is not standardised nationwide. But potentially yes it would.

 

[Paulob1]

guys i have not had time to read all the notes here, but i want to put in for a barn for tractors hay and workshop facitlites...how do i do it...i want to get it in over the christmas period in the hope it goes through easily...they will try oppose it as I have nothing but hassle with my activities...but its worth trying...

 

[George from SJM Planning]

guys i have not had time to read all the notes here, but i want to put in for a barn for tractors hay and workshop facitlites...how do i do it...i want to get it in over the christmas period in the hope it goes through easily...they will try oppose it as I have nothing but hassle with my activities...but its worth trying...

Doing it over Xmas is a good way of trying to fly under the radar but can also make the council suspicious that you are trying to hide something!

You will need to provide a plan of the site and details of the building (dimensions, materials, proposed use) and submit these to the council along with the appropriate form and fee. The easiest way to do this is through the planning portal (www.planningportal.co.uk). Alternatively, you can contact the council for the correct form and method of payment.

They then have 28 days (from the day after the application is received and paid for) to respond - if they don't then crack on! If they do they will either say you can continue, or that you need to provide further infomation - thus triggering the Prior Approval assessment for another 28 days, or advise you that it doesn't meet the criteria of Permitted Development and you need to apply for full planning permission.

 

[onthehoof]

Doing it over Xmas is a good way of trying to fly under the radar but can also make the council suspicious that you are trying to hide something!

You will need to provide a plan of the site and details of the building (dimensions, materials, proposed use) and submit these to the council along with the appropriate form and fee. The easiest way to do this is through the planning portal (www.planningportal.co.uk). Alternatively, you can contact the council for the correct form and method of payment.

They then have 28 days (from the day after the application is received and paid for) to respond - if they don't then crack on! If they do they will either say you can continue, or that you need to provide further infomation - thus triggering the Prior Approval assessment for another 28 days, or advise you that it doesn't meet the criteria of Permitted Development and you need to apply for full planning permission.

So no one can put a building up without telling the Council whatever the size?

 

[George from SJM Planning]

So no one can put a building up without telling the Council whatever the size?

Correct. You must make a formal application to see whether Prior Approval is required (and allow the council the 28 days to respond) before commencing works.

You should also notify the council within 7 days of it being complete in any case. That is an often missed point in the legislation.

 

[Kentjagman]

Hi George and all. I have a small plant nursery site, around 2 acres, in Kent it's been established for decades. There's an old but sound asbestos clad building, 20' x 50' approximately, that I'd like to re-clad with a more suitable, modern material. I would consider this to be a repair as the structural steel and block-work walls are solid. Is this something I can just get on with or do I need consent? Many thanks.

 

[George from SJM Planning]

Hi George and all. I have a small plant nursery site, around 2 acres, in Kent it's been established for decades. There's an old but sound asbestos clad building, 20' x 50' approximately, that I'd like to re-clad with a more suitable, modern material. I would consider this to be a repair as the structural steel and block-work walls are solid. Is this something I can just get on with or do I need consent? Many thanks.

Providing the material you replace it with is similar in appearance and style it should be ok. I would caveat that that if you are in an AONB or Conservation Area (or National Park but there aren't any in Kent) it would need planning permission.
If the colour, profile or dimensions change then planning (or prior approval) would be required.

 

[RedKen]

I have tried searching but cannot find what I think I’m looking for. Has anyone had any luck in letting go of their PDR class Q for a new build on a different part of the farm. We have a barn I’m thinking of putting in for class q for 2 dwellings but it’s not really in the best location being in the middle of the yard. The location I believe would be better is a field that would infill in the local village but have been told by our land agent if we were to put planning in for any infill it wouldn’t get approved because it being green belt. So has anyone had much luck on rescinding their PDR on a barn for a new build in a different location in greenbelt? I’m sure I have read it happening before but can’t find the post. Many thanks

 

[George from SJM Planning]

I have tried searching but cannot find what I think I’m looking for. Has anyone had any luck in letting go of their PDR class Q for a new build on a different part of the farm. We have a barn I’m thinking of putting in for class q for 2 dwellings but it’s not really in the best location being in the middle of the yard. The location I believe would be better is a field that would infill in the local village but have been told by our land agent if we were to put planning in for any infill it wouldn’t get approved because it being green belt. So has anyone had much luck on rescinding their PDR on a barn for a new build in a different location in greenbelt? I’m sure I have read it happening before but can’t find the post. Many thanks

There are a lot of factors at play but if you can prove betterment then it is certainly possible to obtain the Class Q and then apply for full planning permission for a replacement dwelling elsewhere and signing a legal agreement foregoing conversion elsewhere on the farm.