5 replies to this topic

[Offgrid Tim]

Hi,
I applied for PD and the decision was that Class B rights do not apply (they have done for three others buildings on the land over the last 12 years!) and that the siting and appearance would affect the street scene and that prior approval would be required, so i should apply for full planning.
I replied with about 30 photos showing the barn would not be visible.

Their second reply stated that they now require planning as the 'principle of allow a new unit of accommodation for the purposes of agriculture attached to a building which is currently used for ....(other business use the subject of change of use permission)...within the land is unfounded.'

The fact that I have change of use permission for an agricultural bldg, currently empty, and that in order to minimise the impact I plan a side extension to this building should not change the law.
I will need all the space for ag activity once my plans for the farm develop.

This letter also states that 'planning application would be required by the LPA, and would most likely be refused on for these reasons' His bad English. And he has decided on an application not yet lodged.

Do I keep on writing nice letters asking him to apply rather than interpret the law, or just say that I consider that my PD is approved by default?

Thanks for reading! Any reply would be welcome.
Tim B

[surreydodger]

What was the prior notification for and how much land do you have?

[Offgrid Tim]

Hi,
PD to build a 40ft x 60ft shed between my two existing buildings.
15 acres. As far as I can see my application ticks all the boxes.
Thanks for your interest.
TimB

[RichardD]

Hi, Tim B

It begs the question of what use the 3 buildings you already have are for? Also you say you have 15 acre's (exactly?) because 12.36 Acres = 5 hectares which would be Part 6, Class A not Class B, less than 5ha would be Class B. Anyway Ag_Not is not appropriate for Class B (unless Class B, B.6a 6b Article 1(6) land) and you'd know what that is if it applies. So if Class B you'd require full planning permission anyway.

In any case there's a nasty little phrase in both PD classes where it states ... "which are reasonably necessary for the purposes of agriculture within the unit", that's why there's the prior notification application requirement (or full planning) and tha'ts why the LPA can (with justification) either request more details or refuse it.

You can appeal but if you do be sure that you can justify the additional building. If the only objection is siting of the building (1) can it go anywhere else? (2) any landscape mitigation possible?

You needn't be nice and you needn't be sarcastic (how to win friends and influence people!!) just be straight IF you have a genuine need, make the application and appeal any refusal or write again and request "in writing" the reasons for refusal so that you can take further advice or try to overcome them.

[Cornish Gems]

We have to add that we have only ever heard of one instance where an appeal against a refusal for a GPDO has been possible. However, we understand that one's fee is returned which means that one can submit another 28 day which can possibly deal with any objections stated regarding the original GPDO.

[Offgrid Tim]

Thank you.
The application was made under Class A but the planning officer has refused it twice under Class B and I had not noticed his error!
Am now writing to offer to start again.
Tim B