Compost Loo causing a stink ..

[Lovely]

3 minutes ago, trigger_andy said:

 

 

Perhaps they’ve gone through the correct procedures and they where allowed them? The allotments that don’t perhaps, like you, where turned down?

A very fair point, I have gone though the correct procedure and the toilet has actually been approved re: siting & design it's just the forestry usage angle that is the thing. This is why I thought it useful to post - even though there is no legal requirement to undertake forestry on agric land the council are using this as opportunity for refusal.  The kicker is that I am undertaking forestry and the council have chosen to ignore this fact. I just thought it was useful to highlight, as someone might have similar experience now or in the future. You can present facts to a council and they can basically choose to ignore them and force you into an appeal process.

[Paul in the woods]

If you're confident you're legally right* why not build the WC and wait for enforcement action? On that note, can anyone tell me what council costs you would have to pay if you lost in court?

 

*On that note, I'm not saying what you are doing is wrong but you are saying the WC is for visitors, does that not affect the planning at all?

[Justme]

1 hour ago, Lovely said:

Great info but the forestry issue is a complete misnomer the land is designated agricultural. The definition of which includes forestry as well as fruit growing and horticuture. Yes it's small site but shelter and a loo (which after all is a human right-  'the right to sanitation') is not a major ask. I do not live next to the land. The key issue that should be of concern here is that councils seem able to 'interpet' planning law v subjectively. Even though not relevant to pd on agric land, I included a shedload of info about the forestry undertaken in my planning statement yet the council ignored it all. How can a council wait 7months and then come up with the very same result without any site visit let alone phone conversation? Call me old fashioned but that is fundamentally wrong. No other industry to my knowledge acts in this way.

You missed my point. Forestry is the issue. You have MORE rights under Forestry than Agri & no minimum acreage.

[Justme]

52 minutes ago, devon TWiG said:

I am pretty sure it is not as simple as that ....just because some one buys a field and grows a few veg does not entitle them to build a barn , hard standing,shower block   toilet  etc ... planners consider things on merit and objections and it is easier with a greater acreage  or else the whole countryside will look like allotments !!   You need planning permission for a stable for horses . You can apply under PD rights but they can refuse and then full planning will be required which gets costly and puts many people off ...

It is that simple.

 

Forestry PD rights are not restricted with a minimum acreage or financial viability.

 

The works only has to commensurate with the operation / land size.

 

Who mentioned horses? They are very rarely Agri or forestry.

 

 

[Justme]

25 minutes ago, Paul in the woods said:

If you're confident you're legally right* why not build the WC and wait for enforcement action? On that note, can anyone tell me what council costs you would have to pay if you lost in court?

 

*On that note, I'm not saying what you are doing is wrong but you are saying the WC is for visitors, does that not affect the planning at all?

Defending enforcement action can get costly. 

 

It cost me about £18k to do so against the local council.

 

If you loose you could end up paying all the costs.

[Paul in the woods]

7 minutes ago, Justme said:

Defending enforcement action can get costly. 

 

It cost me about £18k to do so against the local council.

 

If you loose you could end up paying all the costs.

Did you get the £18k back from the council?

[Justme]

3 minutes ago, Paul in the woods said:

Did you get the £18k back from the council?

Not a single penny.

Our barrister advised not to go for costs.

[Lovely]

18 minutes ago, Justme said:

Defending enforcement action can get costly. 

 

It cost me about £18k to do so against the local council.

 

If you loose you could end up paying all the costs.

Scary stuff.

Edited August 12, 2021 by Lovely
Responded to wrong post... sorry.

[Lovely]

47 minutes ago, Paul in the woods said:

If you're confident you're legally right* why not build the WC and wait for enforcement action? On that note, can anyone tell me what council costs you would have to pay if you lost in court?

 

*On that note, I'm not saying what you are doing is wrong but you are saying the WC is for visitors, does that not affect the planning at all?

There's absolutely no way I'd challenge any enforcement action or just put a loo in. The toilet was approved re: siting & design I just had a feeling that I should undertake some due diligence and check that all was good to go (no pun intended.) Then I was hit with the certification request.  The loo would be for me and visitors ie. friends and people helping in the wood - inc arborists, handymen (re: fence repairs etc.) I'm not operating a camping site or anything that planning would have issue with.  Maybe an occasional Macmillan coffee morning - nothing that would constitute a material change of use.

[devon TWiG]

23 minutes ago, Justme said:

It is that simple.

 

Forestry PD rights are not restricted with a minimum acreage or financial viability.

 

The works only has to commensurate with the operation / land size.

 

Who mentioned horses? They are very rarely Agri or forestry.

 

 

I mentioned horses as an example of the fact that you are not able to build / develop in the countryside as you wish ... As a forestry example there were  2 big legal battle / case near me " The Hillyfield "  which was very interesting as well as "steward Community woodland "  both  examples of what is considered "appropriate development "   Although they are both within Dartmoor National Park ...