6 replies to this topic

[Bumblebear]

We (stupidly) put in for some pre application advice and it seems that now the council are gunning for us over a container we have on our land.  It's been there 5 years and we have 4acres (ish) and use the land as a smallholding.  Help!  Any advice?  It's used to store tools and animal feed etc

[adrian007]

It's temporary - haven't a clue what they could be concerned about.

 

have they said what the problem is?

[Bumblebear]

First the person who drove past (planner?) said that the container was out of the building line, but our planning adviser who did the pre-app said that doesn't apply as its out of our domestic curtilage and on our agricultural land.  It's been there 5 years so they are saying it's not temporary.  

[elegantstorm]

We (stupidly) put in for some pre application advice and it seems that now the council are gunning for us over a container we have on our land.  It's been there 5 years and we have 4acres (ish) and use the land as a smallholding.  Help!  Any advice?  It's used to store tools and animal feed etc

My view is the shipping container is not a building and so does not require planning, and is incidental to the agricultural use provided storing tools and feed related to the agricultural use.  The only question I would ask is do you run the smallholding as a business and sell your produce or is it all for yourself.  And if for yourself are you eating what you produce (i.e. farming), or is it pet animals.  I'm not sure if/how exactly any of these would affect things (if at all) but a recent report we had written about us by an agri consultant stated there were farm animals here but because he hadn't seen any accounts he couldn't comment on if we were keeping them as part of a business.  But that report was in relation to a new additional building we were applying for to expand.  If your smallholding was pets rather than produce then it may not be classed as agri use therefore the container would need permission perhaps?  Whereas if you are producing lamb say and pork and selling then you have an agri use.

[Bumblebear]

We have dairy goats and yes we use the milk and the meat.  It's not a business though as that would be a whole new set of loopholes to jump through!  We only have 4 acres though and I have been given the impression that 5 hectares is the 'cut off' for agricultural buildings.

[elegantstorm]

We have dairy goats and yes we use the milk and the meat.  It's not a business though as that would be a whole new set of loopholes to jump through!  We only have 4 acres though and I have been given the impression that 5 hectares is the 'cut off' for agricultural buildings.

No, if you have 5 hectares an agricultural building is a permitted development (via prior notification).  Under five hectares permitted development only applies to extending a building.  Under 5 hectares you have to apply for full planning for a new building.

[tonydockers]

i would not go down the cert of lawfulness myself, because i think the 10year rule applies.

 

i would simply maintain that it is ancilliary to agriculture and a temporary structure, does it house animal feeds and meds? if not it should asap....

 

good luck and remember just because they say something is black or white it is not always the case that they are right