Unfair control of Business expansion.

[Keith Davies]

Just wondering if there is any way to legally challenge National Park planners?
Back in 2004 we purchased 11 acres in the New Forest to build a Falconry Centre, after a lot of work we got permission to build our Aviary's on about 1 Acre of the 11 we purchased, they said it was to big a site if we had all the land for Falconry. We were happy because the one acre was enough to build our imminently required Aviaries and still had enough space to expand the business in the future when the need for more Aviaries would occur. Shortly after getting planning permission we were hit with a blanket TPO on the site which has left us no way to expand with more Aviaries as the originally agreed 1 acre is covered in trees!. We have applied to build new Aviaries on open ground 30 feet from the original 1 acre but the planners are refusing on the grounds of DP17, "no extension to businesses if its not contained within original boundaries" ie the 1 acre. What makes it worse they have taken £19,500 in planning fees!
Any advise please would be appreciated, Regards Keith

 

[JohnD]

A TPO can be revoked. Have you asked for that?

 

[Keith Davies]

Hi John, No I have not but I'm sure they will not lift it as its a National Park. What I would like is for them to give me the same area but on the field with no trees, its only 30 feet from the original red line.

 

[^woody^]

TPO's should be made for specific reasons, and regularly checked to ensure that the reasons are still valid. The overriding reason is 'amenity' for the public. This is a subjective concept and open to interpretation. Any challenge would be on the basis of challenging what amenity is being provided by the trees to warrant specific protection.

You can apply to vary or cancel a TPO or to fell the trees for a specific reason. To sustain or grow a business can be such a specific reason, and there may well be planning policies in place to encourage business and the local economy.

Another reason may be if there are now other trees in place, (or if replacement trees can be placed) to achieve the same purpose that the original TPO was put in place for.

If you can't find anything in the planning authority's policies, then consider instructing a planning consultant to advise you, as it can be a specialist thing to get involved with.

Just a thought, are the particular tree species on the list of those susceptible to any of the fungal attacks which are doing the rounds?

 

[Nakajo]

It sounds like the planners are being idiots. Have you explained the old and new boundaries in terms a 4-year old could understand?

 

[wessex101]

Your best bet is to employ a good local planning consultant with lots of experience in the New Forest. The National Park Authority is a PITA and some of their decisions are highly questionable. They were just as bad before they were elevated to National Park status and given even more power.

If the falconry centre is open to the public that should work in your favour as the authority is supposed to support local businesses and encourage local tourist attractions.

With particular reference to the TPO, as Woody said these are not set in stone and you could possibly get approval for limited tree felling. The Hawk Conservancy near Andover seem to manage with quite a heavily wooded site and have managed to build the aviaries between the trees.

Good Luck

 

[Keith Davies]

Thanks Guys for all your replies, The Trees are protected due to being important to the Landscape, They are mostly Pine and Silver Birch. As for open to public, we do experience days and are restricted to 6 people 4 days a week. We started breeding to supplement the restricted income from our Falconry days. Even if we said the new aviaries were going to be open to the public, they have it sown up, they have a policy discouraging extra traffic pressure.
What I was hoping was to find a law or Human rights to conduct your business without unfair restrictions, I think that's just a pipe dream lol.

 

[^woody^]

Yeah, stay off the cheese.