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Would be very grateful if anyone could read our appeal before we send it. Any suggestions or errors, most gratefully received.
Appeal – ground c ‘that those matters do not constitute a breach of planning’
35](i)Without planning permission, the change of use of the land from agriculture to a mixed use of agriculture and residential
The land is currently being used for residential use by Ian Davies and family (his wife Sarah and their 16 month old son Alistair), in connection with the building and engineering works detailed in planning permissions 2010/1720, 20120/1719 and 2010/1314. Town and Country Planning (general Permitted Development) Order 1995 Part 5 Caravan Sites, First Schedule, paragraph 9:
“…a site license shall not be required for the use as a caravan site of land which forms part of, or adjoins, land on which building and engineering operations are being carried out (being operations for the carrying out of which permission under Part III of the Act of 1947 has, if required, been granted) if that use is for the accommodation of a person or persons employed in connection with the said operations.”
We have had a number of letters from the council concerning the building to which we have responded explaining the continuing work and have invited the council to visit the site to view the progress, which they have done.
We are environmentally conscious and opted for an all timber building which has been built bespoke on site. Unlike steel framed and clad buildings there is a lot more work involved. After the initial help with erecting the wooden frame, Ian has been and still is the sole worker in the building and engineering works.
It has been hard to convey to the council the many aspects of the works involved as they seem to only want to consider the actual building frame. However we have excavated and constructed the first part of the roadway and the hard standing in front and behind the building. We have also excavated and laid pipes and cables some distance to get water and electric supplies to the building.
Ian was unable to work on the building between 18th March and 8th May (as per last year) as this has been the busiest time during this year’s kidding and lambing season and is too much work for Sarah Davies to cope with on her own. I quote from the Town and Country Planning (general Permitted Development) Order 1995 Part 5 Caravan Sites, First Schedule, paragraph 7:
“…a site license shall not be required for the use as a caravan site of agricultural land for the accommodation during a particular season of a person or persons employed in farming operations on land in the same occupation”
There is still a large amount of work to be done, including the substantial work involved in laying concrete in the building and excavation and construction of the second half of the roadway.
In an attempt to appease the council, in July 2011 (letter attached) we wrote saying that we hoped to finish the main works in July 2012. We also said that we would submit a 3 year temporary application for an agricultural dwelling at the beginning of May to coincide with July. Despite the fact that the building and engineering works would not be complete, this was still our intention and we had begun work on the application. On 23rd April we received the enforcement notice, which we have been forced to prioritise. We then had a further set back when we discovered that the legislation had changed and that the PPS 7 was no longer valid and had been replaced by the NPPF, meaning we need to re-write some of our application and add further information. We still fully intend to submit our application for an agricultural dwelling when we have formulated our revised application.
We request that this enforcement be quashed as we don’t believe there has been a breach of planning as Ian is engaged in building and engineering works.
35](ii)Without planning permission, the siting of a caravan for residential use
The caravan is a workers dwelling in connection with the building and engineering works as detailed above. The caravan is a homeseeker mobile home, which is mobile. It is sited in the most convenient location to the buildings and livestock.
35](iii)Without planning permission, the erection of a metal silo
The metal silo in question is a feed bin situated just outside our agricultural building for the storage of bulk animal feed (concentrate pencil nuts) for our goats and sheep.
We did considerable research before purchasing the bin to try to determine whether permission was required. Two manufacturers of feed bins both said to the best of their knowledge permission was not required. We then wrote to the council concerning the metal feed bin. Their response was to look on the planning portal or apply for a Certificate of Lawfulness. We could not find anything on the planning portal relating to feed bins, however on further investigation, we found the following information on www.planning-applications.co.uk/agric.htm
Section 55 of the Town & Country Planning Acts 1990 provides that:"the use of land for the purpose of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with the land so used" does not constitute "development".
Development is not therefore involved in the following cases (the list is not exhaustive):-
Placing structures on land. Structures may be placed on agricultural land for agricultural purposes without the necessity for obtaining planning permission. However, no building or engineering works must be involved. So a new barn will require permission (see later) but pig arcs or cattle feeders etc do not.
The feed bin came with 2 sleepers bolted to the legs to stabilise it. We positioned it about 8ft in front of the building and later moved it to a few inches away to limit damage from extreme windy conditions and to be still accessible by the delivery vehicles.
We therefore feel that no planning permission is required for the metal feed bin.
35](iv)Without planning permission, the siting of a cabin
With reference to the above quote from Section 55 of the Town and Country Planning Act 1990. We do not believe that the ‘cabin’ requires planning permission.
We understand section 55 (2, e) to mean that any building on agricultural land is not regarded as development and therefore does not require planning permission. The use of a portakabin for agricultural use does not constitute either development of the land or any material change in the use of the land.
The portakabin in question is a mobile structure, only retained on the ground by virtue of its own weight, and therefore does not require planning permission. Furthermore we moved the Portakabin from our previous rented holding and also fully intend to upgrade it to a permanent structure within a few years (subject to gaining the necessary approval).
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