Field to Farm
Sign In
Create Account
The local authiority refuses to accept that I have permitted development rights.......despite the fact that i have a small herd of Galloway cattle on 17 acres they say on the phone that I am not an agricultural unit.......ANY THOUGHTS? They want a full planning application. Initially they said that as the development was on a field adjoining the rest of the holding that it was not permitted as the parcel of land was less than 1 hctr. I put them right on that point by referring to the legistation that defines 'parcel' as being in one ownership. However am stumped on a good retort to the argicultural unit theory.
Help appreciated!
Cheers
Paul
Welcome to Field to Farm Community
Register now to gain access to all of our features. Once registered and logged in, you will be able to create topics, post replies to existing threads, give reputation to your fellow members, get your own private messenger, post status updates, manage your profile and so much more. If you already have an account, login here - otherwise create an account for free today!
Register now to gain access to all of our features. Once registered and logged in, you will be able to create topics, post replies to existing threads, give reputation to your fellow members, get your own private messenger, post status updates, manage your profile and so much more. If you already have an account, login here - otherwise create an account for free today!
Back to top
#2
Posted 11 October 2012 - 21:18
Cornish Gems
-
- Book Owners
-
- 1,597 posts
Lord and Lady of the Manor
- LocationCornwall (formerly Devon)
Regarding a definition of agriculture unit, your best bet is to ask your council as different people have different interpretations of the phrase.We are assuming that you have all the right 'numbers' and it would be interesting to know why your council says you do not have an agriculture unit, when you have a CPH number.
Have you actually submitted a 28-day? If not, we would suggest that you do so together with the fee. If you need help to fill in the form the forum will willingly give you help. Incidentally, most councils like the pd to be completed on a form which they themselves have printed and it would be interesting to know what you could possibly say on the form which would give them the idea that you are not an agriculture unit.
Have you actually submitted a 28-day? If not, we would suggest that you do so together with the fee. If you need help to fill in the form the forum will willingly give you help. Incidentally, most councils like the pd to be completed on a form which they themselves have printed and it would be interesting to know what you could possibly say on the form which would give them the idea that you are not an agriculture unit.
#3
Posted 12 October 2012 - 00:22
surreydodger
-
- Book Owners
-
- 1,208 posts
Agricultural Planning Advisory Service
- LocationWest Sussex
That's an easy one 
“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture, including—
(a) any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit, or
( b ) any dwelling on that land occupied by a farmworker;
Any more sheer stupidity from your planning department and let me know.
“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture, including—
(a) any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit, or
( b ) any dwelling on that land occupied by a farmworker;
Any more sheer stupidity from your planning department and let me know.
#4
Posted 12 October 2012 - 05:57
Groundhog
-
- Book Owners
-
- 1,081 posts
Member
What did you put as the use for the barn Housing cattle ? that would need full planning
#5
Posted 12 October 2012 - 08:51
Cornish Gems
-
- Book Owners
-
- 1,597 posts
Lord and Lady of the Manor
- LocationCornwall (formerly Devon)
Well said SD and GH. Also, we seem to remember a thread once before in which Dave Acreman advised us to ask what the land was if it was not agrultural. He also intimated that if it was not agricultural then it had to be industrial or residential and if the latter, then apply for masses of houses and rake in the profits!!
Did they put this in writing? Or, are you just testing the waters about a GPDO? If the latter, we would advise you to obtain the form from the council website, fill it in and send it off and then wait and see if they still say that you are not an agriculture unit. In the circumstances and with this particular council, we would also advise you to put something more on your land so that they do not try to come back at you and say that you are not running a 'business' (a common excuse used by some councils for denying acceptance of the order).
Did they put this in writing? Or, are you just testing the waters about a GPDO? If the latter, we would advise you to obtain the form from the council website, fill it in and send it off and then wait and see if they still say that you are not an agriculture unit. In the circumstances and with this particular council, we would also advise you to put something more on your land so that they do not try to come back at you and say that you are not running a 'business' (a common excuse used by some councils for denying acceptance of the order).
#6
Posted 12 October 2012 - 09:43
Paul Cody
-
- Book Owners
-
- 5 posts
Chick
Hi,
Thanks for coming back to me.....the Barn which replaces a smaller structure if just for storage of feed and small agricultural items.
Last time I crossed swords with them it took 5 months for them to agree that another barn which I got full pp for was agricultural as they want to charge £670 not £70.....they also stated that as my main income was not from agriculture I had to pay £670......in the end they agreed on £70. To my mind all of this is abuse of power on their part.
Thanks
Paul
Thanks for coming back to me.....the Barn which replaces a smaller structure if just for storage of feed and small agricultural items.
Last time I crossed swords with them it took 5 months for them to agree that another barn which I got full pp for was agricultural as they want to charge £670 not £70.....they also stated that as my main income was not from agriculture I had to pay £670......in the end they agreed on £70. To my mind all of this is abuse of power on their part.
Thanks
Paul
#7
Posted 12 October 2012 - 10:00
surreydodger
-
- Book Owners
-
- 1,208 posts
Agricultural Planning Advisory Service
- LocationWest Sussex
As CG says previously Paul, it is a common point for planning bodies to pick up on the 'trade and business use' element of permitted development.
For a Prior Notification to be considered, the proposal must be upon an agricultural unit (as described above) which is in current use for a trade or business. It is not necessary to have to provide a full set of accounts and usually within ones written statement, it is suffice to say that livestock has been purchased (or any other farming commodity) demonstrating that agriculturally based trading has occurred. In your case this could be the purchase of young cattle stock or the sale of produce. This could be supported by way of a copy of an invoice, either a sales one or purchase one. This demonstrates trade.
If you possess a CPH number, enter this upon your written description accompanying your Prior Notification. Next to it reinforce the point that it has been issued by DEFRA to an agriculturally recognised business.
If you're using a planning agent, he should know this.
As a matter of interest, would you mind letting me know which planning authority you come under. It sounds as though they are either being particularly petty or just plain dumb.
For a Prior Notification to be considered, the proposal must be upon an agricultural unit (as described above) which is in current use for a trade or business. It is not necessary to have to provide a full set of accounts and usually within ones written statement, it is suffice to say that livestock has been purchased (or any other farming commodity) demonstrating that agriculturally based trading has occurred. In your case this could be the purchase of young cattle stock or the sale of produce. This could be supported by way of a copy of an invoice, either a sales one or purchase one. This demonstrates trade.
If you possess a CPH number, enter this upon your written description accompanying your Prior Notification. Next to it reinforce the point that it has been issued by DEFRA to an agriculturally recognised business.
If you're using a planning agent, he should know this.
As a matter of interest, would you mind letting me know which planning authority you come under. It sounds as though they are either being particularly petty or just plain dumb.
