Planning Help Please - Conservation Area vs Agricultural Use
Discussion
Partner and I have been looking at a rather nice house in a nearby village which happens to fall within a conservation area.
Only the land immediately around the dwellinghouse falls within its domestic curtilige. The remainder was farmland until 20 or so years ago and is still rough paddock.
The house has sufficient land to allow SWMBO to keep her horse and also do a bit of what I understand is termed ‘non intensive farming’ i.e. a dozen hens, half a dozen pigs and a few lambs.
My understanding is that on normal agricultural land it is permissible to build animal shelters (hen house, pig sty etc) without requiring planning permission – this I think extends even to a field shelter for a horse so long as the shelter is movable – hence these loose boxes that can be jacked up an towed behind a 4x4 to move them around the field.
(I assume that planning consent still needed for a small barn)
My question is: Assuming I am correct in understanding the freedoms applicable to agricultural land; does the fact that it falls within a ‘conservation area’ in any way limit those freedoms?
I have read a conservation area strategy and policy paper from the particular Local Authority saying:
"Pressure is often put on local authorities to draw wide boundaries around rural conservation areas as a way of protecting open countryside from development or for controlling certain activities (e.g. agricultural operations) which do not fall within the definition of development. This is not the function of a conservation area."
What I don’t know is whether this is simply guidance, and which legislative document I should refer to for the ‘rules’.
Many thanks for any assistance/advice/experiences
Only the land immediately around the dwellinghouse falls within its domestic curtilige. The remainder was farmland until 20 or so years ago and is still rough paddock.
The house has sufficient land to allow SWMBO to keep her horse and also do a bit of what I understand is termed ‘non intensive farming’ i.e. a dozen hens, half a dozen pigs and a few lambs.
My understanding is that on normal agricultural land it is permissible to build animal shelters (hen house, pig sty etc) without requiring planning permission – this I think extends even to a field shelter for a horse so long as the shelter is movable – hence these loose boxes that can be jacked up an towed behind a 4x4 to move them around the field.
(I assume that planning consent still needed for a small barn)
My question is: Assuming I am correct in understanding the freedoms applicable to agricultural land; does the fact that it falls within a ‘conservation area’ in any way limit those freedoms?
I have read a conservation area strategy and policy paper from the particular Local Authority saying:
"Pressure is often put on local authorities to draw wide boundaries around rural conservation areas as a way of protecting open countryside from development or for controlling certain activities (e.g. agricultural operations) which do not fall within the definition of development. This is not the function of a conservation area."
What I don’t know is whether this is simply guidance, and which legislative document I should refer to for the ‘rules’.
Many thanks for any assistance/advice/experiences
Yep. Talk to the conservation officer and the planners.
You might also want to discuss things with the local parish council.
There should be a specific document to set out that specific conservation area. That will detail key details and views in/of the conservation area. That may help inform your options.
You might also want to discuss things with the local parish council.
There should be a specific document to set out that specific conservation area. That will detail key details and views in/of the conservation area. That may help inform your options.
Thanks
I already have the Local Authority’s Conservation Area maps and narrative, but they contradict the guidance contained in the very same Local Authority’s policy document from which I quoted above. i.e. the Conservation Area encompasses areas of agricultural land for which there is no apparent reason, hence my question regarding where the definitive rules are set out.
Regarding talking to the local authority’s planning department: Unfortunately I have a little bit of ‘previous’ with them:
In one case where an enforcement officer was being ridiculous (and wrong) in his interpretation of the rules regarding agricultural land – an exchange of letters ensued in which I quoted from the appropriate legislation – he backed down only when I suggested that the best way to conclude matters might be across a court room.
Second instance where a case officer turned down my perfectly valid application despite letters of support from all – including the Parish Council who don’t normally support anything, I took the matter to appeal whereupon the case officer made the mistake of lying in his written submission to the Planning Inspectorate. Big mistake!
Hence my desire to be absolutely certain of the legislation before going further.
I already have the Local Authority’s Conservation Area maps and narrative, but they contradict the guidance contained in the very same Local Authority’s policy document from which I quoted above. i.e. the Conservation Area encompasses areas of agricultural land for which there is no apparent reason, hence my question regarding where the definitive rules are set out.
Regarding talking to the local authority’s planning department: Unfortunately I have a little bit of ‘previous’ with them:
In one case where an enforcement officer was being ridiculous (and wrong) in his interpretation of the rules regarding agricultural land – an exchange of letters ensued in which I quoted from the appropriate legislation – he backed down only when I suggested that the best way to conclude matters might be across a court room.
Second instance where a case officer turned down my perfectly valid application despite letters of support from all – including the Parish Council who don’t normally support anything, I took the matter to appeal whereupon the case officer made the mistake of lying in his written submission to the Planning Inspectorate. Big mistake!
Hence my desire to be absolutely certain of the legislation before going further.
I know with us the rule of not requiring planning permision is only applicable if a number of conditions are met such as
has to be a certain distance away from a road
and
no previous development on the property within the last few years.
details should be on the council website, (ours has a facility to search by postcode so you can see all plans and their outcomes along with comments from relevant departments on all current and previous plans in your area).
has to be a certain distance away from a road
and
no previous development on the property within the last few years.
details should be on the council website, (ours has a facility to search by postcode so you can see all plans and their outcomes along with comments from relevant departments on all current and previous plans in your area).
If you don't want to approach the LA just yet then you can chat to a Planning Consultant in your area. If there's a contradiction in the plan (drawing) and the Plan (interpritation of the Law) then you can expect issues with any application made that conforms to one of the documents.
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