Change of use to garden, how many years?

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PDGibson
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Change of use to garden, how many years?

Post by PDGibson » Sun Oct 09, 2016 11:37 pm

Hi,

I know this has probably been mentioned before but I can't find it :oops: and some places I've seen say 4 years, some say 10... so, can someone please authoritatively tell me how many years must pass for change of use from agricultural land to garden to become lawful without planning permission?

Thank you

MacadamB53
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Re: Change of use to garden, how many years?

Post by MacadamB53 » Sun Oct 09, 2016 11:56 pm

Hi PDGibson,

it is ten years.

section 171B of the Town & Country Planning Act 1990 sets out the time limits:

Time limits.

(1)Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

(2)Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

(3)In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.


http://www.legislation.gov.uk/ukpga/1990/8/section/171B

Kind regards, Mac

PDGibson
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Re: Change of use to garden, how many years?

Post by PDGibson » Mon Oct 10, 2016 2:42 am

Thanks Mac

PDGibson
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Re: Change of use to garden, how many years?

Post by PDGibson » Mon Oct 31, 2016 7:56 pm

Regarding applying for change of use to garden, would this be a householder application or full application if the land is abutting my property but not actually part of it?

Thanks

MacadamB53
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Re: Change of use to garden, how many years?

Post by MacadamB53 » Mon Oct 31, 2016 11:53 pm

Hi PDGibson,

the change of use will need a full application.

Kind regards, Mac

PDGibson
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Re: Change of use to garden, how many years?

Post by PDGibson » Tue Nov 01, 2016 1:07 am

Thanks Mac

Token74
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Re: Change of use to garden, how many years?

Post by Token74 » Thu Jan 03, 2019 9:32 pm

Hi, I’m new to this but am finding the nuances of the law super-interesting!

With the 4 and 10 year rules, is it possible that there could be a situation where a patio and fence has been built to create a garden feel (on agricultural land next to a house) which has been in existence for 8 years so the LPA can’t force the removal of these ‘developments’ but because the land hasn’t been used as a garden for the full ten years, the LPA can stop the area being used as garden?

Would seem a ridiculous situation, but presumably very possible? It would look like a garden, and feel like a garden, but the owners would have to admire it from inside their house?!?! Apart from 28 days per year of course! (Which in the UK, is probably about right!!!).

Or have I got it all upside down and inside out?!

ukmicky
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Re: Change of use to garden, how many years?

Post by ukmicky » Thu Jan 03, 2019 10:55 pm

A structure can become lawful and immune from enforcement action but not the use it was designed for. So yes you are correct
Any information provided is not legal advice and you are advised to gain a professional opinion

Token74
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Re: Change of use to garden, how many years?

Post by Token74 » Thu Jan 03, 2019 11:00 pm

ukmicky wrote:
Thu Jan 03, 2019 10:55 pm
A structure can become lawful and immune from enforcement action but not the use it was designed for. So yes you are correct
Crazy! But fascinating!

MacadamB53
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Re: Change of use to garden, how many years?

Post by MacadamB53 » Sun Jan 06, 2019 6:43 pm

Hi Token74,

It would look like a garden, and feel like a garden, but the owners would have to admire it from inside their house?

not quite

in reality the LPA would very likely advise the owners to either reinstate to agricultural - as this is what use the land is recognised as having - or apply for the change of use (and then enforce if the owner doesn’t play ball).

kind regards, Mac

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