7 replies to this topic

[Cornishtiger]

Im Matt I live in Cornwall with my wife and 2 kids. I bought a small holding in 2007 with everything we needed except for a home.
We are enjoying our horses, pigs, chickens, goats and ducks as well as dogs cats and fish so lifes busy!
We have been working through the certificate of lawfulness system (certificated aufullness more like) and may at last have some light at the end of the tunnel, time will tell.
The recesion really hurt us and we came closs to losing everything, we are not out of the woods now but living here without the threat of eviction hanging over us would help for sure.
I have enjoyed reading through the forum and look forward to getting to know the good people here.

[surreydodger]

Hi Cornishtiger and a warm welcome to the forum

I wish you the best of luck in your battle with the planners andlook frward to hearing how you have gone about using the CLU.

By the way, that light at the end of the tunnel,, I trust it has the proper planning approval for such a structure !!

[Piglet]

Hi Cornish tiger

Welcome to the forum and I hope you find it as useful as I have done. Rachel xx

[Andrewaz]

Hi Tiger,
we are currently experiencing the awfulness of CLD after being turned down for PN because Cornwall LPA say that to have PD rights you must have a 'lawful dwelling' on your >5hectares.
After 11 weeks they have not even responded to the CLD application.
I'm thinking of complaining to LGO & would be interested to hear if anyone else in Cornwall has got PD without a lawful dwelling.

[Cornish Gems]

Hi - we purchased land in Cornwall which already had pd for a polytunnel, etc and then once we had control of the land we then submitted pd for a barn in another field.

We do not understand why you did not challenge their statement that 'to have PD rights you must have a 'lawful dwelling' on your >5hectares'., We have read the relevant act and can see no reference to 'lawful dwelling' with regard to pd for a barn for land comprising more than 5ha. Indeed, we feel that the person who dealt with your submission must have been standing in for someone on holiday and therefor did not understand the rights given under the GPDO.

[Andrewaz]

Oh they understood all right...this was calculated.
We sent in a long letter with the legal references, it is posted on the CC website, but no reply from the LPA. The legal advice we have been given is that we can go ahead & build because not only was the reason given untenable, they also kept our money for the app & sent us a refusal letter as if it was full planning...therefore not following PN process.....but I just know that they will enforce etc. Hence app for CLD.
Will be challenging them in court if needed, giving them 2 more weeks to respond to CLD before starting this process to ensure that we can say we tried, but intend to claim compensation for lost earnings, stress and other issues.
Would you mind revealing which part of Cornwall are you in & which LPA dealt with your PD because this would be a precedent case etc.

[Cornish Gems]

The first PD was granted by the Old North Cornwall District Council, since then we have had two further PD's granted by the now Cornwall County Council.

Have had a thought regarding what yo have said about having a dwelling and two questions come to mind,
1. Did you apply for PD using the Agricultural and Forestry application form as there is one for domestic dwellings?
2. What is the designation of the land involved is it classified as agricultural land and how many acres are there in total?
3. What was the land used for prior to your ownership?

CG

[Andrewaz]

Thanks for this, would you mind calling me on 07768463828.