Where to go to know what the law is for planning permission

[tadros]

Please can anyone advise me where we can we read the laws regarding planning permission in our field? Still trying to help my poor brother who has been asked to remove his Mongolian tent from his field, being accused of changing land use and serious breach of law, when he simply wants somewhere to rest in between working on his land! He does not live there, but how to prove? He has a snooty neighbour a mile away who noticed people coming down the lane for a one-off birthday party (a very civilised quiet one too) & is now complaining to the council & spying on his coming & goings, even reporting his rare visitors! Solicitors are expensive, surely the laws must be accessable to the public?
We have a field too & were also considering a yurt, but perhaps not now...what actually IS allowed?
I'd be so grateful for any advice
Many thanks

 

[Still Farming]

Please can anyone advise me where we can we read the laws regarding planning permission in our field? Still trying to help my poor brother who has been asked to remove his Mongolian tent from his field, being accused of changing land use and serious breach of law, when he simply wants somewhere to rest in between working on his land! He does not live there, but how to prove? He has a snooty neighbour a mile away who noticed people coming down the lane for a one-off birthday party (a very civilised quiet one too) & is now complaining to the council & spying on his coming & goings, even reporting his rare visitors! Solicitors are expensive, surely the laws must be accessable to the public?
We have a field too & were also considering a yurt, but perhaps not now...what actually IS allowed?
I'd be so grateful for any advice
Many thanks

@GeorgieB82 maybe able to help.
Your location be good too.

 

[George from SJM Planning]

@GeorgieB82 maybe able to help.
Your location be good too.

Thanks @Stillfarming

Has your brother been served with an enforcement notice by the council and if so what planning laws do they believe he is in breach of? If he hasn't been served, how has he been informed to remove his tent? Does he have a primary residence away from the land? I am more than happy to advise in general terms on a public forum such as this but if your brother wishes to engage our services as planning consultants then I suggest emailing [email protected].

 

[tadros]

Thank you so much for your reply...it was a letter on Wealden council headed paper, I don't know if this is considered an official enforcement notice...they aren't happy with the yurt, they consider it's being there "change of land use"..I think they suspect him living there & letting for glamping, of which he's doing neither. I did email him your email earlier today as you'd kindly replied before...I will suggest to him he join the forum. Thanks once again

 

[George from SJM Planning]

Thank you so much for your reply...it was a letter on Wealden council headed paper, I don't know if this is considered an official enforcement notice...they aren't happy with the yurt, they consider it's being there "change of land use"..I think they suspect him living there & letting for glamping, of which he's doing neither. I did email him your email earlier today as you'd kindly replied before...I will suggest to him he join the forum. Thanks once again

If he has an official letter from Wealden then he needs to act to refute the claims or submit an application for a Lawful Use certificate. Either way he had better seek professional guidance whether it be from ourselves or others before they do issue him with an Enforcement Notice instucting him to remove the tent and any other non agricultural paraphernalia from the site within 28 days or risk prosecution through a court of law.

 

[tadros]

This is a paragraph from the letter:

If you are unable to remedy the breach by removing yurt and the non-agricultural items from the land within a reasonable timeframe, the Council will have little option but to commence formal enforcement action to stop the breach of planning control continuing.

Does that mean it was not an official notice?
Someone is making up all kinds of lies, eg he planted a line of fruit trees, & has been accused of mapping out a boundary of the garden of a proposed house! Hopefully I'll be able to speak to him later & put him in touch with you

 

[tadros]

PS there are no non-agricultural items besides the temporary yurt!

 

[Dry Rot]

Do a search on this site and something relevant may come up. But GeorgeB82 is a useful man to know.

http://planninglawblog.blogspot.com

 

[George from SJM Planning]

This is a paragraph from the letter:

If you are unable to remedy the breach by removing yurt and the non-agricultural items from the land within a reasonable timeframe, the Council will have little option but to commence formal enforcement action to stop the breach of planning control continuing.

Does that mean it was not an official notice?
Someone is making up all kinds of lies, eg he planted a line of fruit trees, & has been accused of mapping out a boundary of the garden of a proposed house! Hopefully I'll be able to speak to him later & put him in touch with you

Yes that is an informal warning so an enforcement notice has not been served yet but they have him on their radar.