4 replies to this topic

[justlazin]

Hi. My partner and I bought 3.14 acres of agricultural land 5yrs ago, fenced it off with stock fencing as required in the sale contract and then planted an orchard of 21 trees. We planted pollinator - attracting plants in a gravelled area so that they wouldn't get lost in the grass growing in the rest of the field which we mow and bale once a year for hay. We also put up a small tool shed. The local council have just served us with an enforcement notice. They are claiming change of use from agricultural to domestic although they've said nothing about the two greenhouses we have there too! They want us to remove the fruit trees, plants, shed and fencing and return the plot to grassland even though it had been a large expanse of muddy field for years previously. Can anyone answer the question - are orchards classed as agricultural? We want to sell the fruit when we get a good, sizeable yield! I've even written to DEFRA but have had no response. HELP!

[che]

Hi justlazin and welcome to the forum.

Change of use to domestic normally relates to agricultural land that people use to extend their gardens. From what you have said you have fenced it off so it still remains agricultural land and there should be no problem if it does not adjoin your residence. Makeing hay and growing fruit as in orchards are quiet clearly agricultural. The problem would probably be the gravelled area which is not a recognised agricultural mulching technique. Gravel is normally found in domestic situations although you might get away with it on a farm drive/track. If you used a different mulch I doubt anything could be said.
It is bizare in this day and age that anyone would want you to grub up maturing fruit trees. More info would be good in the meantime make sure you appeal within the time limits or you will be required to perform these works whether you are right or wrong.
Why do we pay planners £30,000 pa to create these scenario's

The link below indicates the taxman classes it as farming.
http://www.hmrc.gov....al/bim55275.htm

[greenmeadow]

Hi,
If you don't live on the field I fail to see how they can classify it as domestic.
You could turn it on it's head and say ok if it's domestic I'll move a mobile home on!
Green Meadow

[Cornish Gems]

Hi, and welcome. You have not told us where in relation to your home the land is. If it is next door and you have made a gateway from your existing garden in to the orchard then the council are correct in that you have extended the curtilage of the existing property and it will require you to have its change of use recorded and applied for.

If it is there is a way round the situation. Close the gate off completely from the garden and create another entrance from the roadway if it is a minor road you will have no problems you will have to apply to the council for this though, should the land adjoin a major road then there may be hazards caused by creating another entrance you may have to contact highways for their advice on the location of the new entereance.

The gravelled area did you lay the gravel? is it for mulch or just to make it look nice?

We hope that this helps, keep us all informed.

CG

[porkchop]

if you look in the defra booklet permitted rights for farmers its states what agricultural is:

livestock

horticultural.....orchards

grain

etc

we have about 60 fruit trees and we have had no problems from the council.