planning contravention notice

[grahamc]

Have just been served with a planning contravention notice and was wondering if there was anyone out there who has been placed in a similar position. Am a tree surgeon with a small farmyard, with an agricultural holding number, totalling about 40 acres over 3 blocks of land. Since last year, have increased the volume of firewood that I sell. I now dry our own processed logs down in 2 polytunnels, and buy in some pre-processed / dried timber for immediate resale. Nobody is employed in the firewood side of the business, and any chainsaw work is kept to a minimum. On saturday was served a planning contravention notice, giving me 21 days to respond to questions raised about specific work I carry out. The notice is served on me because of " Unauthorised change of use of land and buildings from agriculture to a mixed use of B2 ( log sawing place ) and B8 storage ( namely the storage of timber / logs ). Just wondered if any of you have been in a similar situation, and what the outcome was.

[WorcsWuss]

The planners are on shaky ground there. Someone has complained.

 

Where abouts are you in the country?

Do you operate the land as a bona fide agricultural holding?

If so you could probably argue that your operation is a natural extension of the agricultural activities taking place on the property and is not change of use at all.

 

The planners just need to tick the right box, so if you can clearly demonstrate that it is not change of use, they can put a letter on file, case closed.

If it is change of use, you need to get your planning officer on side, get him to buy into it and then make an application for whatever he says you need to on the basis that he will recommend it for approval at PC level.

 

I wouldn't get too concerned about it but you do need to take some advice on it...

[sasha.p]

As long as you keep livestock on the ground I cant see them kicking up too much fuss but being that somebody has reported you they have to follow it up ,I would be interested ''if you dont mind'' to know the outcome of this as im basically in the same boat our land is agri but atm im not at the stage of polytunnels but would certainly like to be in the next year or so it would be interesting to know what they say or wether they ask you to apply for change of use etc ?good luck with it anyway and hope they back off and dont give you too much agro

[arbmark]

get a private planning consultant to advise you. planners are terrified of them. girlfriends an architect and reckons its likely you'll need to change the use. its not impossible to get it but you need a good case. A lot of people will be interested, keep us posted! And the very best of luck

[detritus21]

There was a similar issue with a company near me. They started the business and then were served with a notice. It went through in this case as it was argued that it was still agricultural use.

[TRADITIONAL LOGGERS]

I am aware of councils in some areas because of the economic climate and the risk of being made redundant picking on small business.

 

The two items that might cause a problem are using Polytunnels for wood storage instead of growing crops and purchasing wood instead of felling your own from the property. How much sawing do you do in a week and method of moving the wood onto site? (large trucks?) Is there a close house with folks that have moved from the cities and do not understand the rural working life?

 

The holding needs to be registered and Tree Surgery is not considered Agricultural/Forestry in planning and often industrial.

 

Is it visible from a footpath/public highway?

 

NFU will give some free advice but do not respond until written to again.

[dryadlad]

We put in a planning application for a barn, the nice man came out for a site inspection. Next week we had a letter asking us to remove all our wood as it was not arisings from the land,and the barn was out of the question.So we used a privateer planning chap to scrap it out with the LA , no luck on the barn yet but we can keep our wood .

[Billy68]

you have to remember that the process of converting felled trees into log is industrial and has a different planning consent to agricultural best of luck as said above try keep the the planner on your side

[robbo 110]

We put in a planning application for a barn, the nice man came out for a site inspection. Next week we had a letter asking us to remove all our wood as it was not arisings from the land,and the barn was out of the question.So we used a privateer planning chap to scrap it out with the LA , no luck on the barn yet but we can keep our wood .

 

as far as im aware a 'pole barn' is classed as a temporary structure & doesnt need permission.. any roof is better than no roof!!!!!!

[renewablejohn]

How long have the polytunnels been up. If in excess of 4 years you will have a better case. Do you have your own woodland if not plant some quick as it will show diversification into woodland operations. Have you spare room for plants in the polytunnels if so buy a sawdust burner and install in the polytunnel then diversify into growing plants. Make sure you have all the environment agency exemptions for burning plant matter, storage of waste, etc etc. I have about 10 exemptions just to operate the farm legitimately. As others have said you will have been reported by a "lovely" neighbor unfortunately once it starts its very difficult to stop. My best advice is to find a good land agent so at least you can find out what is really behind there "innocent" enquiry.