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Farm Building and Infrastructure
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Planning Applications, PD and the like (General Chat)
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<blockquote data-quote="Montexy" data-source="post: 7891380" data-attributes="member: 149985"><p>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! </p><p> 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...</p></blockquote><p></p>
[QUOTE="Montexy, post: 7891380, member: 149985"] 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... [/QUOTE]
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