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Agriculture building planning permission

Discussion in 'Building Regulations and Planning Permission' started by hjturn, 8 Nov 2020.

  1. hjturn

    hjturn

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    Hello,

    We are looking to re-submit a previously rejected application to our local council to convert an agriculture building to a dwelling.

    The building in question is timber and metal barn that has been used for the storage of hay and horses. The building was built by my grandfather and is currently owned now by my father. This sits on approximately 8 acres of land that is used for the grazing of horses.

    The previous application appears to have been rejected on the basis that the council had no evidence to suggest the building was used for agricultural use. However, they also state they could not disprove this.

    This is where I believe we have a good chance of having this overturned. I have linked the previous application below with further information. It would be amazing if anyone could offer assistance in this field.

    The original application was submitted in 2018 by my parents. I am now looking to have this approved as my partner and I would love to begin the journey of converting this barn into a family home.

    https://maps.rochford.gov.uk/Develo...P3M'&history=3a8f5f399cdd43ad824c71ce40bbf841

    I am not well versed in the planning permission world but believe this falls under the permitted development rights. To which we are applying for prior approval for.

    I believe we only need to evidence that the building in question was used exclusively for agriculture use. My question is how do we do this? This was never used in a commercial manner, so no invoices or sales exist. This was purely for recreation and leisure. My family have always kept horses as pets as apposed for income. I believe this is where our problem is going to arise?

    Any insight or knowledge from someone that understands this application would be truly appreciated!
     
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  3. tony1851

    tony1851

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    Google 'Martin Goodall's Planning Blog'.

    He's a planning lawyer and expert on permitted development rights; I'm sure in the past I've seen references on his site to situations similar to yours.
     
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  4. hjturn

    hjturn

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    Amazing! Thank you. I will check his blog out now and reach out for his service. Much appreciated
     
  5. wessex101

    wessex101

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    I do not think the "storage of hay and horses" is strictly "agricultural use". Equestrian facilities tend to be treated as a separate use class, at least they do around here.

    Probably the easiest way to establish agricultural use is ask the question ..... is it or has it ever been on a working farm?
     
  6. blup

    blup

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  7. domdee

    domdee

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    In my local area I know of a few people who have had to use an agricultural business tie to the land in order to build a house. E.G if you need to live on site where your livestock/business is, to offer security to vulnerable animals or machinery. But in these cases they have had static caravans on the site for years proving the need for a permeant residence.
     
  8. jlaw

    jlaw

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    Yep, equestrian use is not classed as agricultural, you also state in your question that the barn has been used for recreation and leisure, so this not agricultural (commercial) use.

    Under the permitted development rights the onus is on you as the applicant to prove that the barn was in agricultural use on or before March 2013, not for the council disprove it.

    In short, unless you have evidence (proof) of agricultural use (not equestrian) on, or prior to March 2013, you're buggered.

    As blup says, get rid of the horses, get some sheep, keep your fingers crossed and come back in 10 years.
     
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    DIYnot Local

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