Planning Permission Granted to a Tenant, But Construction by Landowner

[Fortinbras]

Any planning experts here? A tenant farmer applied for and was granted permission to build a livestock shelter on the basis of his specific need for somewhere to lamb (the permission makes this very clear). Tenant then moves away when the building was at foundations level and has nothing more to do with it. Landowner (who does not have the same need - he's not a farmer) then continues to build, but does so in a way that is totally at odds with what was consented (two stories not one, insulated walls, windows in different places, stone roof not metal sheet, adds a toilet and septic etc). Can you just 'take over' a planning consent if you're the landowner?

 

[br jones]

Any planning experts here? A tenant farmer applied for and was granted permission to build a livestock shelter on the basis of his specific need for somewhere to lamb (the permission makes this very clear). Tenant then moves away when the building was at foundations level and has nothing more to do with it. Landowner (who does not have the same need - he's not a farmer) then continues to build, but does so in a way that is totally at odds with what was consented (two stories not one, insulated walls, windows in different places, stone roof not metal sheet, adds a toilet and septic etc). Can you just 'take over' a planning consent if you're the landowner?

and you are ?

 

[Nearly]

@George from SJM Planning

I believe planning is attatched to the land.
If you believe circumstances have changed or what was approved hasn't been stuck to then complain to the council not us.
It sounds like landlord is lining up to make it into a house.

 

[serf]

and you are ?

Nosey neighbour

 

[George from SJM Planning]

@George from SJM Planning

I believe planning is attatched to the land.
If you believe circumstances have changed or what was approved hasn't been stuck to then complain to the council not us.
It sounds like landlord is lining up to make it into a house.

Thanks @Nearly .

If the planning permission was full planning and not Prior Approval then once work has started then the permission cannot be revoked so the freeholder or subsequent tenant can continue the build.

However, if it was granted under Prior Approval it must be completed within 5 years and be for the purpose stated in the application - any change in circumstances makes the Prior Approval invalid.

You mention it is not being built in accordance with the approved plans. Well, whichever type of application it was would only be valid if it was being built in accordance with the approved plans. In which case, if you it is affecting you then a call to Planning Enforcement (not the Planning Department - two different departments) would be my advice.

 

[Fortinbras]

Thanks @Nearly .

If the planning permission was full planning and not Prior Approval then once work has started then the permission cannot be revoked so the freeholder or subsequent tenant can continue the build.

However, if it was granted under Prior Approval it must be completed within 5 years and be for the purpose stated in the application - any change in circumstances makes the Prior Approval invalid.

You mention it is not being built in accordance with the approved plans. Well, whichever type of application it was would only be valid if it was being built in accordance with the approved plans. In which case, if you it is affecting you then a call to Planning Enforcement (not the Planning Department - two different departments) would be my advice.

Thanks George for the informed response.

 

[Levelsman]

Maybe the LL and tenant were in cahoots?

 

[Fortinbras]

@George from SJM Planning

I believe planning is attatched to the land.
If you believe circumstances have changed or what was approved hasn't been stuck to then complain to the council not us.
It sounds like landlord is lining up to make it into a house.

I'm not complaining to you, am I? It's a forum for asking questions.

 

[Nearly]

I'm not complaining to you, am I? It's a forum for asking questions.

No offence meant.

 

[Tenfar]

Any planning experts here? A tenant farmer applied for and was granted permission to build a livestock shelter on the basis of his specific need for somewhere to lamb (the permission makes this very clear). Tenant then moves away when the building was at foundations level and has nothing more to do with it. Landowner (who does not have the same need - he's not a farmer) then continues to build, but does so in a way that is totally at odds with what was consented (two stories not one, insulated walls, windows in different places, stone roof not metal sheet, adds a toilet and septic etc). Can you just 'take over' a planning consent if you're the landowner?

The planning stands no matter who the applicant is. However if initial permission was for a single story livestock shelter and the plans have altered significantly, then the current build does not have planning permission.

Similarly if the planning permission was specifically for a livestock shelter as it was out in the open away from the existing farmyard, but they then used it to store machinery, it is against the planning permission unless they prove the machinery is being used to aid the purpose of sheltering livestock.

 

[Havens]

Any planning experts here? A tenant farmer applied for and was granted permission to build a livestock shelter on the basis of his specific need for somewhere to lamb (the permission makes this very clear). Tenant then moves away when the building was at foundations level and has nothing more to do with it. Landowner (who does not have the same need - he's not a farmer) then continues to build, but does so in a way that is totally at odds with what was consented (two stories not one, insulated walls, windows in different places, stone roof not metal sheet, adds a toilet and septic etc). Can you just 'take over' a planning consent if you're the landowner?

That sounds like a bit of a mess. From what I understand, the planning permission was granted based on the tenant farmer's specific needs, like having a livestock shelter for lambing. If the landowner, who isn't a farmer, starts making significant changes like adding extra floors, insulation, and other alterations that weren't part of the original plan, they should technically apply for a new planning permission. It’s not just a matter of taking over the existing consent because it was tied to the farmer's specific situation.

To avoid any issues down the road, I’d suggest getting in touch with a planning expert or advisor who can help navigate this situation properly. They can give you the best advice on how to proceed without running into legal or planning headaches.

 

[Still Farming]

Not as approved plans possibly???

 

[Havens]

Not as approved plans possibly???

Yeah, if they deviate from the approved plans without updating them, it could definitely cause problems. It’s important to stick to what’s been approved to avoid any legal headaches later on. Getting advice from a planning expert sounds like a smart move to navigate this situation smoothly.