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I have recently purchased 2.5 acres of land of 88 acres which has been divided into lots. One of the neighbours got rid of some hedging off the main road to make way for a gate. Someone reported this to the council the council has now put an article 4 direction on entire land. This now means that we need to seek planning permission for fencing, shed, leaving tractors overnight, etc.
Unfortunately, some land is still unsold and not everyone knows each other well. Hence, we don't have a collective voice at present. What I have heard is that the council is worried about the land being divided into lots and people doing as they please. Our planning permission applications are being returned for things like not putting an arrow on the drawing, the scale not being correct, application questions not being answered correctly, etc.
There are rumours that the direction may be extended permanently or beyond the 6 months. Does anyone know if it is possible to fight the article 4 direction? Prior to May 2008, it was possible to write to the secretary of state but now the power lies with the council.
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Contesting Article 4 direction
Started By
mil6507
, 31 May 2010 23:19
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#2
Posted 01 June 2010 - 09:33
surreydodger
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- Book Owners
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- 1,208 posts
Agricultural Planning Advisory Service
- LocationWest Sussex
Hi Mil,
I don't know of any instance of being able to defend against an Article 4 being placed on the land. I do know there are variuos compensations that the council may be liable for if it can be shown, that by the placing of an Article 4, it has caused a loss to the land owner. That said, you may well be able to be the first to come up with a way to fight of Article 4 and I wish you good luck if you have any luck there.
I don't know of any instance of being able to defend against an Article 4 being placed on the land. I do know there are variuos compensations that the council may be liable for if it can be shown, that by the placing of an Article 4, it has caused a loss to the land owner. That said, you may well be able to be the first to come up with a way to fight of Article 4 and I wish you good luck if you have any luck there.
#3
Posted 09 June 2010 - 12:58
Roger D
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- Members
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- 1 posts
Chick
Hi Mil,
We had a similar problem in Notts a few years ago. The best way forward is to band together all interested parties and collectively make representations to the Local Authority. It may be advisable to engage someone who is used to speaking with Planning departments and the like, particularly if none of your colleagues feel confident in doing so. A planning consultant, preferably one who used to work for the Local Authority would be advisable. They are familiar with the personnel and the way the machine works and would likely get you the best deal available. Good luck, let me know how you progress.
We had a similar problem in Notts a few years ago. The best way forward is to band together all interested parties and collectively make representations to the Local Authority. It may be advisable to engage someone who is used to speaking with Planning departments and the like, particularly if none of your colleagues feel confident in doing so. A planning consultant, preferably one who used to work for the Local Authority would be advisable. They are familiar with the personnel and the way the machine works and would likely get you the best deal available. Good luck, let me know how you progress.
#4
Posted 10 June 2010 - 22:43
mil6507
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- Members
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- 64 posts
Goose
Thanks for your replies. As I said, we don't have a collective voice, unfortunately as not all parties seem to be bothered. 1 neighbour has got his planning permission for fencing since my last post. I am waiting for my application to be validated and the council is moving at a very slow pace.
