Using field as a yard.

[Joy Yeomans]

Hi all

 

The law as I understand it from the enforcement officer is that you need change of use if you cut up tree surgery waste in an agricultural field but if you buy cordwood from a forest then you do not need permission as forestry and agriculture are in the same category. Which means in short you can cut up cords all day with a saw and they cannot stop you but if you cut up arb waste then they can.

 

this is not true ...yes forestry is classed as agric. but only if the trees are cut on the farm or woodland belonging to the farm

bringing in timber from a forest is the same as bringing in arb arisings it needs planning.

 

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[StephF]

Hi all

 

The law as I understand it from the enforcement officer is that you need change of use if you cut up tree surgery waste in an agricultural field but if you buy cordwood from a forest then you do not need permission as forestry and agriculture are in the same category. Which means in short you can cut up cords all day with a saw and they cannot stop you but if you cut up arb waste then they can.

 

Think this is correct as we had an agricultural tie lifted on the basis that we had run an 'arb' business for 15(? cant remember exact time) years from yard, and it did not qualify as agricultural or forestry so as it had gone unchallenged for the time period law requires we legally could get tie removed.

[Brett]

So if arb work is not classed in beside forestry..... then where is it?

[treequip]

So if arb work is not classed in beside forestry..... then where is it?

 

You are a commercial service provider

[dig-dug-dan]

Had a mate who was using a field for his arb waste activities, and the environment agency had him as they classed it as a waste transfer station. You cannot win whatever you do

[gensetsteve]

Buy a house with a small wood, some existing workshop and no neighbours. If they cant hear you or see you unlikely to bother u.

[treedweller]

What it all boils down to is wether it is deemed as ratable space. Put your building up have your chip pile and if the planning department reckons it needs change of use they'll tell you. If you get a visit and assessed that some of your buildings are ratable then they will tell you. If you can prove its been there for longer than 10 years you will get retrospective planning and they cant make you change it anyway. I found that trying to do the right thing generally costs you money and hassle.

[Rick2517]

I've been looking into this for soooooo long now, I just think its so bloody hard to find a solution that will not be a huge gamble, I've almost given into renting overpriced yard space forever "almost"....

If anyone finds the answer then please share with me..

 

From what I can gather the closest I have found to a solution is to buy a small plot of woodland within a larger woodland "at least 12 acres" offer the owner free Maintanance of his woodland, this means you get a relatively low cost plot of land ithat you can build some type of yard in and please the planning guys because it is there to maintain the woodland. The risks that I can see are:

 

Security: not sure if fencing will be aloud

Access roads:not sure what type of track can be laid if any

Insurence: who will insure kit kept in a spot with no address?

The risk of the owner of the woodland selling or pulling out of the deal. Or expect more then general Maintanance in return.

 

Probably plenty more flaws that I've not considered as well...

 

Back to the drawling board I think!

[Marko]

Fencing of woodland is encouraged. In the ELS scheme it is a point generator

Access tracks for forestry are not much of a problem

NFU

Isn't there always that risk if you rent something rather than own it.

 

As others have said 'doing the right thing' sets you up to jump through a lot of expensive hoops and 'doing the wrong thing' is a very expensive gamble which you will inevitably loose.

 

The middle ground is understanding what you can and can't do then just getting on with doing the right thing (or something very close to it) such that if complaints are made it is only a lack of paperwork being in place rather than fundamental naughtiness.

 

A retrospective application for something that is lawful is far cheaper and easier than the endless bureaucracy, negotiations and compromise that an upfront application seems to necessitate these days.

[Philip Anderson]

So if arb work is not classed in beside forestry..... then where is it?

 

It would be classed as change of use to commercial ,we have a site which we have just been served an enforcement notice on ,it's a woodland with nearest neighbour 400m away no chainsaws used just telehandler an hydraulic splitter and drying shed for which we have consent under permitted development 17 years down the line we have the enforcement on us and to appeal the notice will cost us over £5k in planning consultant fees alone .

The notice says change of use from woodland to woodland and processing timber for commercial purposes.

My point is you may get away with it for a while but as others have said sooner or later some nimby will complain and the council will always respond causing you more grief than a few logs sales are worth!!