Small Woodland Owners' Group

Prior Notification Forms

Paperwork, grants, legal issues

Re: Prior Notification Forms

Postby LukeG » Mon Jan 18, 2016 11:04 am

I'm still confused. I accept that I don't need to use the prior notification system but in the Guidelines for "Forestry Purposes" don't specify between Trade Forestry or Hobby Forestry. Surely my request fits in the criteria. The smallwoods article says "Unlike agricultural PD rights (Part 6), there are no restrictions on the size of the forestry building, no requirement that the forestry must be run as a trade or business (so hobby forestry is OK as long as it is forestry) and no stipulation that it must relate to forestry operations only on that unit. Full PD rights also apply to any size of forestry holding, whereas, for agriculture, there are reduced PD rights for holdings less than 5 hectares... To qualify as Permitted Development, a building that is erected cannot be used as a dwelling, cannot be within 25 metres of a classified road, and must be “reasonably necessary” for the purposes of forestry."

I'm just confused how planners can see the situation any other way?
LukeG
 
Posts: 14
Joined: Tue Jan 12, 2016 7:05 am

Re: Prior Notification Forms

Postby oldclaypaws » Mon Jan 18, 2016 6:52 pm

When I talked this over with the planners, I seemed to know more about it than they did. As the guidelines say, planning laws are complex which is why planning consultants can make a living from it. The exclusions for forestry are essentially loopholes. Planners may be tempted to try and apply the more widely used agricultural guidelines, which they're more familiar with. They don't get many forestry applications (as we don't have many woods). I think I was the first my lot had experienced for many years.

The key word appears to be 'necessity', that essential comes down to your ability to make the case for having to have it, versus the planners reasoning that you can still do what you need without a shed. Just tell them you want to stick a shredder, saw horse and tractor in it. Hard to argue against that, they won't fit in a car.

If there's nothing on TV tonight, here's some light reading for you. Good luck. (see page 65).

http://www.legislation.gov.uk/uksi/2015/596/pdfs/uksi_20150596_en.pdf.

It would help to have a pre- prior notification discussion with a planning officer, being polite and humble and asking for an indication of what they want from you and whether they might look on it favourably. If you ask for the officer who's area it falls in you can effectively have an indication of the likely outcome prior to the official written decision. They'll express any reservations so you can offer reassurance and clarification. Above all, don't be confrontational or disrespectful, they have a difficult job and get a lot of flack, so they are patient and impartial.
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm

Re: Prior Notification Forms

Postby oldclaypaws » Mon Jan 18, 2016 7:21 pm

I just checked over my own application again. The 'Officer Report' confirming I could go ahead said the following, which shows what they're looking for;

It is considered that the proposed building is of appropriate design and scale and is reasonably necessary for the purposes described within the application. The proposed building would be reasonably well screened from the adjoining highway and would not have a significant impact on landscape character. Having regard to the above, the relevant requirements of Schedule 2 Part 6, Class E of the GPDO, including having regard to the developments siting and materials the above requirements have been satisfied and therefore it is recommended that prior approval is not required.
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm

Re: Prior Notification Forms

Postby LukeG » Tue Jan 19, 2016 8:16 am

Really useful info from everybody so thankyou for the input. Think it's better to get this right first time, rather than bodge it.
LukeG
 
Posts: 14
Joined: Tue Jan 12, 2016 7:05 am

Re: Prior Notification Forms

Postby LukeG » Fri Jan 22, 2016 1:28 pm

Just submitted my Prior Notification. Wish me luck!
LukeG
 
Posts: 14
Joined: Tue Jan 12, 2016 7:05 am

Re: Prior Notification Forms

Postby oldclaypaws » Fri Jan 22, 2016 3:27 pm

Good luck. Did you slip in the £100 for the planning office Christmas party? That would swing it.
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm

Re: Prior Notification Forms

Postby LukeG » Fri Jan 22, 2016 4:01 pm

No, just a threatening letter made from newspaper text stating that I knew where they lived and that I had a chainsaw.

I honestly, having read through all the guidance, can't see how they can say no but councils being councils then I almost expect it :lol:

And £80 for someone to basically double check that I can build a shed on my land is daylight robbery.
LukeG
 
Posts: 14
Joined: Tue Jan 12, 2016 7:05 am

Re: Prior Notification Forms

Postby LukeG » Tue Feb 23, 2016 3:54 pm

Prior Notification APPROVED! I can build my Forestry Hut and Compost Toilet without planning. Yay.
LukeG
 
Posts: 14
Joined: Tue Jan 12, 2016 7:05 am

Re: Prior Notification Forms

Postby Rankinswood » Tue Feb 23, 2016 6:36 pm

Hi Luke G.,

Welcome to the Permitted Develoment club !

The more woodland owners that get this type of approval is bound to set the standard and reinforce our rights to build in woodlands that the planners will find very difficult to overturn.

Now all you have to do is build it !

Rankinswood
Rankinswood
 
Posts: 79
Joined: Sun Mar 31, 2013 9:14 am

Re: Prior Notification Forms

Postby Wendelspanswick » Tue Feb 23, 2016 10:32 pm

Congratulations and well done!
Wendelspanswick
 
Posts: 351
Joined: Tue Oct 22, 2013 10:03 am
Location: Somerset

PreviousNext

Return to All things legal

Who is online

Users browsing this forum: No registered users and 1 guest

cron