Planning Permission Query

[IAMJAMESMANNION]

Hi All

 

This seems the best area to ask this question! So I have read so many different and conflicting articles about applying for temporary residence for the in between stage for applying for planning permission.

 

Some say this only applies to a small holding where you are given the time to document and prove its a sustainable business others have suggested you can apply to live on the land you own in say a park home in a removable or temporary structure for a set period of time to then start applying for permission to build.

 

So hopefully the above kind of makes sense! I own 0.4 acres of land. I am not looking to apply for a small holding but I am looking to move on to the land to help save to hopefully build! Any one had any experience in doing this with success and how can I move on to the land legally to save money rather than spending out on rent. 

[ToughButterCup]

First of all welcome.

 

Now for the hard part. Read this.  :  And this  : 

 

10 minutes ago, IAMJAMESMANNION said:

[...]

Any one had any experience in doing this with success and how can I move on to the land legally to save money rather than spending out on rent. 

 

The answer is  yes. But not for me. There is only one word at issue, here 'legally'

For those of you who don't have time to read the links above, here's the abbreviated version.

 

Man buys field with planning permission to build stables, next door to me.

Man moves caravan onto site.

Man moves in with family (thats the important bit).

Man applies for PP for a house.

Man asks for permission to stay in caravan

Is given permission to stay in caravan pending outcome of PP application

PP is refused, at Committee and at Appeal.

Man continues to live with family pending completion of stables

In 9 years, 30 blocks have been laid to the stables.

 

Here, verbatim is the email response by the Head of Planning to the question: why is the owner of the land allowed to stay in his caravan?

'...

The case remains open and is monitored occasionally, but at the last visit the stable block was under construction and therefore during those works the caravan may be lived in without permission.

...'

and later, a more detailed explanation, also copied direct from an email to me:

'...

We appreciate that this is not a satisfactory situation, however, the developer is making use of permitted development rights which we believe provide a loophole for someone wishing to live on a site, but one which we cannot easily deal with. We tried a few years ago to take enforcement action on a very similar case elsewhere in the borough and lost. We are therefore reluctant to go down the same road unless we have a strong case. It is probably a matter on which we will need to get specialist (and expensive!) legal advice.

...'
Here is a link to the source documentation

 

Here is the Google Maps reference  : look at the Satellite version and look at the Street View version. The look at the dates of both: the Street View  image shows the PP Application notice pinned to the gate : date ? 2009.

 

Because I live next door - just to the North of the applicants land-, (you can see the build in progress on the Google Map) it is inappropriate for me to comment further.

I wish you every good fortune in your quest to self build.

Ian

 

 

 

 

 

 

 

[Mr Punter]

There is a presumption against building in the countryside, and for good reason.  I do not think you will be granted consent to live in a mobile home.  If you choose to ignore or try and get around the planning laws in some way is another matter.

[Temp]

As a last resort...

 

One possibility might be to go down the Traveller site route. However you might have problems later getting it changed to a dwelling as that would involve the loss of a travellers site. 

 

Government policy has changed over the years but I think this is current..

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/457420/Final_planning_and_travellers_policy.pdf

Also check out your local development plan.

 

It It's not clear if the person applying for planning permission for a traveller site actually needs to be a traveller themselves.  I see nothing in the guidance that requires this. Nor does the site have to be open to all travellers. Many traveller sites are privately owned by the travellers.

 

Around here the approach is to apply for a standard traveller site layout (eg pitches and laundry blocks) then once approved they build whatever they actually want. Lots of sheds, log cabins etc.

 

One option might be to argue that travellers need accommodation for animals and include a barn, then after 10 years as a home for your horse you might be able to convert it to a house. However you would need to plan ahead. Some issues discussed here..

https://www.wrighthassall.co.uk/knowledge/legal-articles/2017/05/19/class-q-permission-barn-conversions/

 

I'm only half joking.

 

 

[Jeremy Harris]

I can confirm that the person applying for consent for a traveller site doesn't need to be a traveller, as a plot of land a few miles down the valley from our old house obtained consent as a traveller site and it was the non-traveller land owner (a farmer) who obtained the consent before selling the land to a group of travellers.  There was a bit of a public outcry, especially from the lady that had rented the land from the farmer for years to keep her horses, but now the travellers are established I have to say that they are no trouble, and have made the site look neat and tidy.