planning permissions

[roglog]

I am currently having a planning appeal with my local council about a barn and hard standing yard to store timber on. I have been setting up a firewood business since 2009 now with large financial investment and now it looking likely it will all have to go.

I own the land (about 1 acre) I have use of around 4 acres next door and another 5/6 a few miles away but nothing on a legal lease. If I buy timber in would I need different permission or would it still be classes as forestry? There argument is that it is not reasonably necessary.

Any advise would be much appreciated as I am completely stuck!

[daltontrees]

You might need to clarify a few things.

 

Did you apply for planning permission for use of the barn and yard as wood processing and storage? And sales? And was the application refused? Or is the Council taking enforcement action against you for these uses on the basis that you haven't got consent?

 

Are you extracting timber from the nearby land you mention? Has there historically been a link between the barn/yard and that land for forestry extraction and storage?

 

Pending you answering some of these, it sounds like a case where the Council would have been OK with the use of the barn/yard if it was ancillary to timber extraction but might now feel that the wood business is a separate use in its own right. If you are buying in timber for processing and storage, the Council would be right to feel that.

 

There are so many things to take into account in deciding planning applications or appeals. Council policies, national policies, the supply of suitable sites elsewhere, the need for the use, traffic generation, noise, loss of amenity, neighbouring uses, loss of the original use of the land etc. Rarely a black or white issue, lots of grey areas.

[roglog]

I original allied for permitted development for a forestry building, they asked for more information that I submitted then I didn't hear anything for 4 months so went ahead and had the barn erected. They have since given me an enforcement notice to remove it!

I have 7ish acres of woodland nearby which I have a management contract for for 5 years. I plan on processing the timber from my land and the land I maintain into firewood and sell on. I have had the business rates man round already but have not heard anything back from him yet.

hope this helps!

[Justme]

PD rights / prior notification say that after 28 days of you telling them if they have not said no then you can do it. It will all come down to the wording on the first letter they sent you.

[roglog]

they did reply within the first 28 days asking for detailed justification, which I gave within 14 days. had no reply in 28 days after so emailed again got no reply, 2 weeks late emailed again with no reply. still nothing 4 months after so went ahead. It didn't take them long to get in touch when I put it up though!

[Justme]

Get a planning specialist. Might be costly but cheaper than a new building.

[roglog]

yes I have had a specialist planning agent write up the appeal for me. just have to wait and see but it could take over 20 weeks!

[daltontrees]

yes I have had a specialist planning agent write up the appeal for me. just have to wait and see but it could take over 20 weeks!

 

'Permitted Development' strictly speaking means you don't need permission.

 

Application met with silence means a deemed refusal. which I suppose means you may have developed unlawfully. As has been suggested, maybe get some independent planning advice. Possibly try Planning Aid, it's like Legal Aid. Good starting point for a free initial consultation.

[Marko]

Application met with silence means a deemed refusal.

 

Could it not also be deemed "a failure to determine". They have a statutory duty to say Yes or No within a given timescale.

 

A Planning Expert sounds like the only move forward

[Justme]

'Permitted Development' strictly speaking means you don't need permission.

 

Application met with silence means a deemed refusal. which I suppose means you may have developed unlawfully. As has been suggested, maybe get some independent planning advice. Possibly try Planning Aid, it's like Legal Aid. Good starting point for a free initial consultation.

 

 

 

Try reading the actual regs, no reply within 28 days = you can go ahead.