Fencing Green Belt Land

ukmicky
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Re: Fencing Green Belt Land

Post by ukmicky » Tue Nov 26, 2019 11:50 pm

Dig it up an plant vegetables
Any information provided is not legal advice and you are advised to gain a professional opinion

FilthWizzard
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Re: Fencing Green Belt Land

Post by FilthWizzard » Wed Nov 27, 2019 11:25 am

ukmicky wrote:
Tue Nov 26, 2019 11:50 pm
Dig it up an plant vegetables
This. Fence it and grow your crops. You can fence your land and you can surely grow greens in the green belt, right? It would be a pretty odd argument to claim greens are banned in the green belt. You can have plants there. The point of the green belt is not to have a vegetation free area.

Dookie
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Re: Fencing Green Belt Land

Post by Dookie » Thu Nov 28, 2019 11:40 am

SJC14 wrote:
Thu Nov 21, 2019 12:59 pm
BaileyBoo wrote:
Wed Nov 20, 2019 8:19 am
I understand from an agronomist is a notifiable weed and should be removed
There is no such thing as a notifiable weed in the UK. Himalayan Balsam is a problem in that it produces lots of seeds, esp along rivers. Otherwise it is quite harmless.
Japanese Knotweed... I think also thistles, ragwort & docks were 'notifiable... but perhaps they relaxed those rules after the war... does anyone know?

MacadamB53
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Re: Fencing Green Belt Land

Post by MacadamB53 » Thu Nov 28, 2019 12:01 pm

Dookie wrote:
Thu Nov 28, 2019 11:40 am
SJC14 wrote:
Thu Nov 21, 2019 12:59 pm
BaileyBoo wrote:
Wed Nov 20, 2019 8:19 am
I understand from an agronomist is a notifiable weed and should be removed
There is no such thing as a notifiable weed in the UK. Himalayan Balsam is a problem in that it produces lots of seeds, esp along rivers. Otherwise it is quite harmless.
Japanese Knotweed... I think also thistles, ragwort & docks were 'notifiable... but perhaps they relaxed those rules after the war... does anyone know?
SJC14, perhaps?

SJC14
Posts: 78
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Re: Fencing Green Belt Land

Post by SJC14 » Fri Nov 29, 2019 10:47 am

Dookie wrote:
Thu Nov 28, 2019 11:40 am
SJC14 wrote:
Thu Nov 21, 2019 12:59 pm
BaileyBoo wrote:
Wed Nov 20, 2019 8:19 am
I understand from an agronomist is a notifiable weed and should be removed
There is no such thing as a notifiable weed in the UK. Himalayan Balsam is a problem in that it produces lots of seeds, esp along rivers. Otherwise it is quite harmless.
Japanese Knotweed... I think also thistles, ragwort & docks were 'notifiable... but perhaps they relaxed those rules after the war... does anyone know?
No. There is no such thing as a notifiable weed and your local council or the Environment Agency has zero interest in knowing if you have thistles, Ragwort and Dock growing as these are common wild native plants. The Treatment and disposal of invasive non-native plants: RPS 178 https://www.gov.uk/government/publicati ... ts-rps-178 says that you must contact the Environment Agency if you dispose (bury) Japanese Knotweed. Just having it is not notifiable: only if you wish to dispose of it.

pilman
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Re: Fencing Green Belt Land

Post by pilman » Sat Nov 30, 2019 5:40 pm

Below is what the Government has granted planning permission for in all parts of England under the GPDO approved in 2015.

There is no prohibition against erecting fencing in the Green Belt, nor is there any reference in Part 2 Class A to article 4 land having any special treatment regarding the erection of a fence to define land ownership.

This poster needs to decide what type of fence meets his personal circumstances and erect a fence up to 2 metres high, if that is an affordable option to define the extent of a parcel of privately owned land that can only be used for agricultural use without the grant of planning permission for a change of use.

It would not be a change of use if the land was to be maintained so that weeds did not spread into the neighbouring garden of the owner.

Plant a few fruit trees and keep the grass mowed and weed free as any orchard owner would do.

As long as the fruit is harvested each year and the fruit offered for sale in boxes outside the front garden of the house, that will be an agricultural use of the land, which cannot be enforced against, nor can any fence erected as per Part 2 Class A of the GPDO.
The Town and Country Planning (General Permitted Development) (England) Order 2015


Minor operations
Class A – gates, fences, walls etc

Permitted development

A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Development not permitted

A.1 Development is not permitted by Class A if—

(a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent
to a highway used by vehicular traffic would, after the carrying out of the development,
exceed—
(i) for a school, 2 metres above ground level, provided that any part of the gate, fence,
wall or means of enclosure which is more than 1 metre above ground level does not
create an obstruction to the view of persons using the highway as to be likely to
cause danger to such persons;

(ii) in any other case, 1 metre above ground level;

(b) the height of any other gate, fence, wall or means of enclosure erected or constructed
would exceed 2 metres above ground level;

(c) the height of any gate, fence, wall or other means of enclosure maintained, improved or
altered would, as a result of the development, exceed its former height or the height
referred to in paragraph (a) or (b) as the height appropriate to it if erected or constructed,
whichever is the greater; or

(d) it would involve development within the curtilage of, or to a gate, fence, wall or other
means of enclosure surrounding, a listed building.

Interpretation of Class A
A.2 For the purposes of Class A, “school” includes—
(a) premises which have changed use under Class S or T of Part 3 of this Schedule (changes
of use) to become a state-funded school or registered nursery as defined in paragraph X of
Part 3; and
(b) a building permitted by Class C of Part 4 of this Schedule (temporary buildings and uses)
to be used temporarily as a school, from the date the local planning authority is notified as
provided in paragraph C.2(b) of Part 4.

ukmicky
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Re: Fencing Green Belt Land

Post by ukmicky » Mon Dec 02, 2019 11:50 pm

There is no prohibition against erecting fencing in the Green Belt, nor is there any reference in Part 2 Class A to article 4 land having any special treatment regarding the erection of a fence to define land ownership

There doesn’t need to be any mention as an Article 4 directions removes permitted development rights.
Any information provided is not legal advice and you are advised to gain a professional opinion

pilman
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Joined: Thu Mar 11, 2010 4:08 pm

Re: Fencing Green Belt Land

Post by pilman » Wed Dec 04, 2019 4:03 pm

It does not seem that an Article 4 Directions will always remove the rights under Part 2 Class A, but if the original poster confirms that there is no Article 4 Direction placed on his local area by the the local planning authority, then he will be aware that any type of fence that complies with Part 2 Class A can be erected in the Green Belt.

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