Greenbelt Land

Post Reply
Mr D
Posts: 11
Joined: Sun Feb 25, 2018 7:54 am

Greenbelt Land

Post by Mr D » Thu Mar 01, 2018 6:57 pm

I recently purchased1/6th of an acre of land from a neighbour who's property backs onto my garden, after the purchased had gone through, I cleared some trees from the land and coppiced some hazel, dug them up and replanted them outside the purchased land, it was at this point I received a call from planning enforcement, he was very nice and said I had not done anything wrong but wanted to know my plans.
I told him I was going to fence off the land and turf around 3/4, I also said I wanted to put up a shed. He informed me that I couldn't do this because the land was greenbelt, so he suggested I applied to planning to change the land to part of my Garden Curtilage and this would solve the problem if approved. I have now gone along this route, I have had an Ecology survey done which I am quite happy with and they have made several recommendations all of which I am happy to adhere to.
my question is, have I done anything wrong in fencing off the land and clearing it. Can the council make me return the land to woodland or take the fence down.

MacadamB53
Posts: 6397
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Greenbelt Land

Post by MacadamB53 » Fri Mar 02, 2018 2:36 pm

Hi Mr D,

have I done anything wrong in fencing off the land and clearing it

no

Can the council make me return the land to woodland or take the fence down

no

I have assumed the fence is no more than 2m tall - anything taller would need planning permission and would be the only grounds the LPA would have for getting involved at this juncture.

erecting a shed on the land without first gaining planning permission would also give the LPA a reason to get involved because this would also be a breach of planning law.

kind regards, Mac

Mr D
Posts: 11
Joined: Sun Feb 25, 2018 7:54 am

Re: Greenbelt Land

Post by Mr D » Sat Mar 03, 2018 2:07 pm

Thank you Mac, Surrey Wildlife Trust have commented that the woodland that I have cleared is " Identified by Natural England as a Habitat of Principal Importance for the purpose of conserving biodiversity in England" , does this make any difference, I did not know any of this before I cleared the land.

Thanks

Mr D
Posts: 11
Joined: Sun Feb 25, 2018 7:54 am

Re: Greenbelt Land

Post by Mr D » Sat Mar 03, 2018 2:09 pm

Sorry the fence is 2 metres high.

MacadamB53
Posts: 6397
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Greenbelt Land

Post by MacadamB53 » Sat Mar 03, 2018 3:25 pm

Mr D wrote:Thank you Mac, Surrey Wildlife Trust have commented that the woodland that I have cleared is " Identified by Natural England as a Habitat of Principal Importance for the purpose of conserving biodiversity in England" , does this make any difference, I did not know any of this before I cleared the land.

Thanks
is it something the LPA may need to consider when making a decision on your application? I’d say so - you can always appeal the decision (for free) if pp for the shed is refused by the LPA (with the added bonus of the appeal being determined by a qualified and impartial Planning Inspector rather than a employee of the LPA).

the app is for the shed, right?

kind regards, Mac

Mr D
Posts: 11
Joined: Sun Feb 25, 2018 7:54 am

Re: Greenbelt Land

Post by Mr D » Sat Mar 03, 2018 3:28 pm

No I applied for change of use from Greenbelt to Garden curtilage, I was led to believe that this would enable me to erect a shed if change of use was granted.
Thanks

mr sheen
Posts: 2256
Joined: Fri Feb 27, 2009 2:33 pm

Re: Greenbelt Land

Post by mr sheen » Sun Mar 04, 2018 11:34 am

Mr D wrote:is " Identified by Natural England as a Habitat of Principal Importance for the purpose of conserving biodiversity in England" , does this make any difference, I did not know any of this before I cleared the land.

Thanks
Yes this may make a big difference. Before clearing land it is necessary to check the designation of the land. Certain designations are protected by law and in some cases damaging land with specific habitats for wildlife is a criminal offence.
Ignorance of the law is no defence.
Might be worth trying to sort this out in a pleasant cooperative manner rather than heavy handed.
Check the designation of the land and your legal position.

Mr D
Posts: 11
Joined: Sun Feb 25, 2018 7:54 am

Re: Greenbelt Land

Post by Mr D » Tue Mar 20, 2018 7:31 am

Can anyone recommend a good solicitor or firm that specialize in this kind of planning dispute, I need some legal advice.

jdfi
Posts: 547
Joined: Wed Jun 06, 2012 10:39 pm
Number of Posts per Page: 20
Number of topics per page: 50

Re: Greenbelt Land

Post by jdfi » Sun Apr 01, 2018 3:34 pm

Mr D wrote:Can anyone recommend a good solicitor or firm that specialize in this kind of planning dispute, I need some legal advice.
Are you being prosecuted?

Post Reply