Advice regarding unauthorized building

[SantaVera]

Hi,a local chap bought a small paddock adjoining my ground a few months ago. Since then he has been living in it most of the time in a van,hes put up a small building for his possessions and had moved a lot of earth to create a flat area and imported soil and stone. He's now placed a couple of shipping containers on old wheeled farm carts on the ground and is storing plant and vehicles there. He says he doesn't need pp as everything is moveable. Is this correct? If it isn't and I ask the planning department about it where do I stand regarding my horses? We bought our fields 25 years ago with a barn and stables and were told no pp had been sought for these and I don't have change of use,we do have a tractor and make hay however as well as keeping the horses there.

 

[pootler]

You will need to put a complaint into your local council for a breach of planning. Here's an example wording from a local council, yours should have something similar:
T
he planning enforcement team is concerned with resolving serious breaches of planning control, not with neighbour disputes or minor residential developments that have little or no adverse impact on the public. There has to be significant harm to public amenity, safety or the environment generally.

We will take the following courses of action when a breach of planning control is highlighted:

• visiting the site to establish if a breach of planning control has occurred
• deciding whether the breach of control unacceptably affects the quality of life
• in line with government and council policy, decide on what is the best course of action to remedy the breach
• explain to both the developer and the complainant what action is required
• monitor the site to ensure the breach is resolved within a reasonable time

We will need your details, the site address/location, what the development is and what times things are happening if applicable. We will also need a description of what actual harm the development is causing either to the environment, amenity or public safety.

Complaints are dealt with in confidence and details of the complainant will not be made known without their agreement. However, the substance of the complaints themselves is not confidential. In some cases, it may be necessary to rely on evidence from complaints in order to take action and you will need to consider whether you are willing to actively assist the council by collecting evidence and acting as a witness at an appeal or in court.

I would recommend that you look at applying for retrospecive planning permission for your barn and stables based on the time you've been using it.

 

[blitznbobs]

It is correct as long as he moves it 28 days … in practice the councils are not overly good at policing such things but it is worthy of a complaint

 

[SantaVera]

You will need to put a complaint into your local council for a breach of planning. Here's an example wording from a local council, yours should have something similar:
T
he planning enforcement team is concerned with resolving serious breaches of planning control, not with neighbour disputes or minor residential developments that have little or no adverse impact on the public. There has to be significant harm to public amenity, safety or the environment generally.

We will take the following courses of action when a breach of planning control is highlighted:

• visiting the site to establish if a breach of planning control has occurred
• deciding whether the breach of control unacceptably affects the quality of life
• in line with government and council policy, decide on what is the best course of action to remedy the breach
• explain to both the developer and the complainant what action is required
• monitor the site to ensure the breach is resolved within a reasonable time

We will need your details, the site address/location, what the development is and what times things are happening if applicable. We will also need a description of what actual harm the development is causing either to the environment, amenity or public safety.

Complaints are dealt with in confidence and details of the complainant will not be made known without their agreement. However, the substance of the complaints themselves is not confidential. In some cases, it may be necessary to rely on evidence from complaints in order to take action and you will need to consider whether you are willing to actively assist the council by collecting evidence and acting as a witness at an appeal or in court.

I would recommend that you look at applying for retrospecive planning permission for your barn and stables based on the time you've been using it.

Thank you

 

[Pearlsacarolsinger]

No matter what moves, he won't be allowed to live on the premises because that could set a precedent for PP for a permanent building, so you definitely need to complain to the dept. Or you could contact your local councillor.

 

[SEL]

Your stuff has been there so long you don't need to worry about pp

 

[ester]

Just bringing in soil onsite is potentially problematic even before everything else, I'd definitely get in contact with planning department

 

[Breather]

I had a look around for you, and this article may help you.

https://www.theruralplanningco.co.uk/news/do-i-need-planning-permission-for-storage-containers/

..'There is a common thought that these containers don’t need planning permission because they are moveable / mobile. Whilst its something you probably don’t want to hear, unfortunately this isn’t the case.

'To get geeky for a moment, when you place a container onto agricultural land and use it for storage use, you have ‘changed the use’ of the land. Changing the use of land is something that requires full planning consent..'

They look and sound really usefl. They offer a half hour initial consultation for £150.


If I were you, I would get your retrospective planning sorted ASAP. It's a fair bet that he'll be annoying you long-term as he hasn't looked into the rules and regs, and/or is full of sht and doesn't give a toss.
Someone else might report him, and that may come back on you should the council do a site visit.
Get your ducks in a row, then dob him in, perhaps.

 

[I'm Dun]

It is correct as long as he moves it 28 days … in practice the councils are not overly good at policing such things but it is worthy of a complaint

He can only live on it for 28days every year, doesn't matter if its mobile or not. Actually, I think its 60days now. But you cant just buy lnd and live on it in a camper or we'd all be doing it! And you absolutely cannot just dump containers on land. ex boss is having planning enforcement against him for doing just that!

 

[blitznbobs]

He can only live on it for 28days every year, doesn't matter if its mobile or not. Actually, I think its 60days now. But you cant just buy lnd and live on it in a camper or we'd all be doing it!

That depends on lots of things but yes he can’t live there long or at least not on the same spot on the land it really depends how big his land is … however people do all the time and the council won’t do anything unless people object… and then it depends how tough the enforcement officer is …

 

[I'm Dun]

Honestly, it doesnt make any difference how big it is, or if things are movable. You can even split the land and open numerous companies to hold the individual parcels and you can still only camp there for 60days. Round here the council are quick smart to jump on any planning stuff, but I guess it varies area to area.

 

[blitznbobs]

Honestly, it doesnt make any difference how big it is, or if things are movable. You can even split the land and open numerous companies to hold the individual parcels and you can still only camp there for 60days. Round here the council are quick smart to jump on any planning stuff, but I guess it varies area to area.

The enforcement officer I have dealt with goes off sick if someone tells them to F off so it is a postcode lottery I guess

 

[Pearlsacarolsinger]

I had a look around for you, and this article may help you.

https://www.theruralplanningco.co.uk/news/do-i-need-planning-permission-for-storage-containers/

..'There is a common thought that these containers don’t need planning permission because they are moveable / mobile. Whilst its something you probably don’t want to hear, unfortunately this isn’t the case.

'To get geeky for a moment, when you place a container onto agricultural land and use it for storage use, you have ‘changed the use’ of the land. Changing the use of land is something that requires full planning consent..'

They look and sound really usefl. They offer a half hour initial consultation for £150.


If I were you, I would get your retrospective planning sorted ASAP. It's a fair bet that he'll be annoying you long-term as he hasn't looked into the rules and regs, and/or is full of sht and doesn't give a toss.
Someone else might report him, and that may come back on you should the council do a site visit.
Get your ducks in a row, then dob him in, perhaps.

If you have been there for more than 12 years without objection, you really don't need to worry about PP, unless you live in a listed building.

 

[reynold]

It's over 10 years round me. See if you can find an aerial photo of your property from over 10 years ago showing all your buildings already there.

Also, don't apply for retrospective planning permission until they come and ask you to do so. Don't volunteer to open a can of worms you shouldn't need to open as you've had your buildings up for so long.

 

[Goldenstar]

You have no issues with PP if your buildings have been there 25 years ( and you can prove it ) .

 

[I'm Dun]

The enforcement officer I have dealt with goes off sick if someone tells them to F off so it is a postcode lottery I guess

They are in court on a regular basis round here. Even took the local traveller site to court which must have taken some balls to do!

 

[YourValentine]

I'm fairly certain importing soil, if not grade A topsoil is considered, is considered dealing with a waste product and if he has got the right permissions the Environment Agency take a very dim view.

Whether they'll bother getting involved will depend on location and local staff capacity.

 

[sjb10]

Could also try the Minerals and Waste planning team at your local authority. It is separate to the main planning department. If you are somewhere with two tier authorities (county Council and district or borough) it will be the County Council. They will probably be interested in people importing quantities of soil etc without relevant consents.

 

[Landcruiser]

Devil's advocate but is it actually an issue for you? If it is and can't be solved with the guy then complain - but otherwise I'd live and let live tbh

 

[Melody Grey]

Devil's advocate but is it actually an issue for you? If it is and can't be solved with the guy then complain - but otherwise I'd live and let live tbh

I thought that too. There may (or may not) be a story behind why he’s living there. I have been temporarily in a fix before and lived for short time somewhere I technically shouldn’t have been. Be kind, the situation might not need an all guns blazing approach. Society’s safety nets of emergency housing, benefits etc don’t always catch everyone.