Previously developed land - yes or no?

[KevinTreg]

I have a parcel of land that is horseshoe in shape. Our house is on one leg, with our septic tank on the other. There are 2 properties in the gap, not owned by us, but at one stage all 3 properties were one land owner.
The bit of land with the septic tank is currently used a grazing for some Shetland ponies. Our Local Planning authority has called this bit of land "a field in open countryside*
As planning permission is needed for a septic tank under current policy, is this bit of land not classed as *previously developed land*?

I can not find any planning history for the septic tank as it is to old, but an updated soakaway has been evidenced in building regs.

[ProDave]

I don't think so.

 

At our previous house the plot came with a deed of servitude to put the soakaway for the drainage system under an adjacent arable field.  That was included in the PP.

 

But the presence of that soakaway does not in any way mean you would now be able to go and get planning for a house on that bit of field.  In all other respects it would fail the tests in the local planning policy.  It is surprisingly common to find all or part of a domestic drainage system under agricultural fields.

 

You need to be looking at other policies, infill, completing a development etc.

 

[scottishjohn]

42 minutes ago, KevinTreg said:

Our Local Planning authority has called this bit of land "a field in open countryside*

that statement says it all to me--

[ToughButterCup]

Whats the issue?

I assume you already have some form of foul drainage in place. Correct?

Do you need to maintain the tank? If so, just do it.

[Mr Punter]

If you want to obtain consent for a new dwelling where the septic tank is located, on the basis of it being previously developed land, I think the chances are very remote.

[KevinTreg]

Thanks for the reply's.

It is not just the soakaway, it is the septic tank as well. A large one that used to serve 4 properties. The land now can not be used for anything else apart from a bit of grazing.

We tried planning permission for a holiday let, to expand our existing business, supported by NPPF, but Holiday let's are classed as a dwelling 'C3 class' & thus LPA did not look at it as a business expansion.

My architect didn't apply the application in the manner for a dwelling, so trying to look at other angles for development if appeal or resubmit.

I'm not impressed with my Architect.

 

There is also an old access track through the piece of land, leading to the stables, which again I thought, would count as fixed surface infrastructure for PDL. But again no records of planning for the track, but it is on OS maps & LPA maps.0

[Jilly]

Maybe speak to a planning consultant? How about a pre application? These might be very low priority now. 

 

[KevinTreg]

2 hours ago, Jilly said:

Maybe speak to a planning consultant? How about a pre application? These might be very low priority now. 

 

I had an recent ex council planning officer write the application, only he left the architect firm just before submitted. That was one of the reason I went with that firm.

 

Many issues, I have a parish councillor on the same road, who, to my face was supportive of the application, but objected to the application once submitted.

[Jilly]

People can only object on actual planning issues, such as 'loss of privacy' etc not 'i don't like it'. So go back to the council and remedy the objections if you can. Eg use obscured glass etc. Post the objection and see if any of us can help.

[Mr Punter]

16 hours ago, KevinTreg said:

I had an recent ex council planning officer write the application, only he left the architect firm just before submitted. That was one of the reason I went with that firm.

 

Many issues, I have a parish councillor on the same road, who, to my face was supportive of the application, but objected to the application once submitted.

 

I am a bit confused here.

 

Have you submitted a planning application?  What was it for?  Was it refused or withdrawn?

[KevinTreg]

3 hours ago, Mr Punter said:

 

I am a bit confused here.

 

Have you submitted a planning application?  What was it for?  Was it refused or withdrawn?

Yes, we have submitted a planning application, for a holiday let, to expand an existing business, it was refused as a dwelling in open countryside & not sustainable.

I spoke with the planning officer dealing with it from the council during the application, I addressed all his issues, or so I thought.

 

My original question was just to see if anybody thought or new if land with a large septic tank & drainage system, which is not cartilage & can not be used for farming, apart from light grazing, could be considered "previously developed land"

 

Thanks everyone.

[ProDave]

You need to determine exactly which planning policy it failed.  Is it "open countryside" or "not sustainable" or both?

 

Then see if there is a way around either or both.

[scottishjohn]

16 minutes ago, ProDave said:

"not sustainable"

that sounds like it is being treated as farm land ,where you can build a house for a small holding ,but now you have to prove you can make enough from the land  to make it a "sustainable" biusness

usual guide lines used by our council is 60acres  for sheep and cows etc

I suppose if you could prove you were going to have big green houses to grow veg and sell --then maybe ,but they would them them built first.before any habitation of house takes place

 

[Mr Punter]

It would not be considered previously developed land just because it has a septic tank.  It does not matter if it can be farmed or not but having it for grazing suggests it is not contaminated.

 

You could use it as a camp site under the 28 day rule.

[KevinTreg]

5 hours ago, ProDave said:

You need to determine exactly which planning policy it failed.  Is it "open countryside" or "not sustainable" or both?

 

Then see if there is a way around either or both.

Thanks Prodave, that's exactly what I am doing, looking at ways around...

Edited April 2, 2020 by KevinTreg