Open space to garden land

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haobey21
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Open space to garden land

Post by haobey21 » Tue May 08, 2018 2:02 pm

Just looking for some advice regards to this.
There are a few properties in our street who have bought small areas of land behind our homes. The council have said during pre planning they would likely reject the change of use so not to apply for planning.

Can the land be fenced off and used as an allotment if the council refuse planning permission for change of use?

The council have sited a condition in the original development years ago that stated gardens can't be extended despite the fact 6 or 7 homes in the opposite street within the same development had permission approved at various stages throughout the past 5 years.

We obviously don't want to be stuck with land we own and can't do anything about as were told during purchase there would be no issues changing the area as numerous other homes in the area had done the same.

Thanks in advance.

I also read somewhere about a permitted development of 28 days where it could be used as private garden, is this true?

Eliza
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Re: Open space to garden land

Post by Eliza » Wed May 09, 2018 8:51 am

I can understand/agree the Council not agreeing to any building on the land.

Re using it as a garden - then a bit of lateral thinking might be the way to go. That being rather than a very standard garden - eg patch of grass, surrounded by border of shrubs - then maybe some convenient "weed" seeds might "blow in" and take root and be rather attractive plants as they grow on - wink.

Other thought - if there is a 28 day rule applying to plants before they have to move - well plants in pots could be moved after 27 days by, say, 4'. Then moved again another 27 days later and so on.
Apologies for not giving exact personal details in my posts - you never know who is reading....

Clifford Pope
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Re: Open space to garden land

Post by Clifford Pope » Wed May 09, 2018 10:51 am

What is the land's current planning use?

haobey21
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Re: Open space to garden land

Post by haobey21 » Wed May 09, 2018 1:13 pm

The land is currently open space managed by a company but it is a complete mess and an eye sore to passers by. We intend to extend fence out around 3/4 of the land as this will keep it out with the visibility splay and satisfy the roads department.

pilman
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Re: Open space to garden land

Post by pilman » Wed May 09, 2018 8:12 pm

Change of use of land for agricultural purposes is not development that requires planning permission.

Land used as an allotment may be considered to be agricultural use.

The definition of agriculture in the Town and Country Planning Act 1990 needs to be considered.
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

There was a report commissioned for one local planning authority that should be read.

www.wlcvs.org/wp.../CFG_-_Planning_Digg ... inal_2.pdf

jdfi
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Re: Open space to garden land

Post by jdfi » Wed May 09, 2018 10:10 pm

Is this land a former railway line?

haobey21
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Re: Open space to garden land

Post by haobey21 » Thu May 10, 2018 7:20 am

It's not a former railway line. It's just a small area of grass land with over grown shrubs on it that have not been attended to in a long time. The grass is cut once every 6 weeks or so over the summer. We wouldn't be building anything on the land just extending our current fence 2/3rds of the way out and incorporating our garden in that space if they do look at it favourably. We would then leave a neat area of grass with some flowers behind the fence so the visuals of the land would improve dramatically from it's current state.

arborlad
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Re: Open space to garden land

Post by arborlad » Thu May 10, 2018 7:55 am

haobey21 wrote:
Tue May 08, 2018 2:02 pm

There are a few properties in our street who have bought small areas of land behind our homes.
haobey21 wrote:
Wed May 09, 2018 1:13 pm
We intend to extend fence out around 3/4 of the land as this will keep it out with the visibility splay and satisfy the roads department.



Can you clarify whether this land is to the front or rear - it seems to be both.
arborlad

smile...it confuses people

haobey21
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Re: Open space to garden land

Post by haobey21 » Thu May 10, 2018 9:49 am

It is just the land at the rear of the property...thanks.




Can you clarify whether this land is to the front or rear - it seems to be both.
[/quote]

span
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Re: Open space to garden land

Post by span » Thu May 10, 2018 7:01 pm

Who cuts the grass?

haobey21
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Re: Open space to garden land

Post by haobey21 » Thu May 10, 2018 9:04 pm

At present it is the company who own the land who cut the grass and maintain the shrubs, just not very well.

span
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Re: Open space to garden land

Post by span » Thu May 10, 2018 10:15 pm

I'd say, buy the land. Figure out later what you can and can't do with it.

SwitchRich
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Re: Open space to garden land

Post by SwitchRich » Fri May 11, 2018 3:34 pm

span wrote:
Thu May 10, 2018 10:15 pm
I'd say, buy the land. Figure out later what you can and can't do with it.
+1

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