Small Woodland Owners' Group

Planning legislation for forestry building.

Paperwork, grants, legal issues

Planning legislation for forestry building.

Postby harveycowe » Wed Apr 16, 2014 9:03 pm

After reading the article by Lucy Nichol "Woodlands And Planning Legislation" I decided to apply to my local Council for permission to build a 'forestry building'
i asked my local council about constructing a steel structural building, in my woodland as a Permitted Development. I explained that the timber clad building will measure 45 feet x 25 feet and will house a sawmill, a trailer, table saw, chop saw, log splitter, chainsaws, generator, ATV vehicle and two electric wheelchairs and that I would also be processing, storing and working on timber, harvested from the woodland, within the building

The planning department responded:

"The proposal site is designated as being outside of a defined built up area within the open countryside. The site is not within a residential curtilage and on this basis cannot be constructed as permitted development. On this basis the proposal to erect a structure within this location will require the formal submission of a planning application in order to assess the acceptability of this structure. In addition to this permission may will also be required for the change of use of the site for the operations that you have outlined".

Anyone give me advice on what I could do.

Cheers,

Robert
harveycowe
 
Posts: 9
Joined: Sun May 30, 2010 11:33 am

Re: Planning legislation for forestry building.

Postby oldclaypaws » Wed Apr 16, 2014 10:47 pm

What size is the wood and are you in an AONB ?
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm

Re: Planning legislation for forestry building.

Postby Wendelspanswick » Thu Apr 17, 2014 6:30 am

You needed to submit a Prior Notification application and not a Permitted Development.
Wendelspanswick
 
Posts: 351
Joined: Tue Oct 22, 2013 10:03 am
Location: Somerset

Re: Planning legislation for forestry building.

Postby oldclaypaws » Thu Apr 17, 2014 8:20 am

A good starting point is to familiarise yourself with the regs and local restrictions, think about your needs and how they fit in, then ring the planning department for a two way discussion asking them to help determine what is permissible and how to go about it. Its better to work with them than argue against them. Hopefully they will be more understanding about your particular needs for a higher level of equipment and consequently a quite large building.

Conventionally, you should be entitled to a 'tool store and shelter' for forestry purposes, as Wendelpanswick says, under prior notification.- Eg you pay £50, they acknowledge you are entitled to, and you go ahead.

Seeing the quite large size of your proposed building and the fact its a pretty permanent (steel framed) they might suspect its for other purposes and you are trying to put up a commercial building in a sensitive location. Its a tricky balance because I believe from earlier posts you have a small wood, but want a large building. Good luck with seeing it through.

You also propose to put in some valuable and nickable gear, so after you've resolved the planning issue and are going about erecting the building, I'd give some pretty serious thought to maximising security.

We all know the enjoyment to be had from woods, and disabled citizens should be as entitled to enjoy them as much as anyone else, although they will have more requirement for mobility and mechanisation and one would hope the planners can see this and show some flexibility.
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm

Re: Planning legislation for forestry building.

Postby harveycowe » Fri Apr 18, 2014 5:37 pm

Easy mistake for someone like me; Prior Notification, Permitted Development. They both begin with P!

The woodland is 9.5 acres in all and, I forgot to mention, has a public right of way running through the middle.

Do you think it is worth trying again through a Prior Notification application? :oops:
harveycowe
 
Posts: 9
Joined: Sun May 30, 2010 11:33 am

Re: Planning legislation for forestry building.

Postby harveycowe » Mon May 12, 2014 12:15 pm

Regarding my previous post, I have now contacted Horsham Parish Council planning officer who is adament that I require planning permission to construct a forestry building. Can anyone suggest a solicitor who could help. All the best, Harvey
harveycowe
 
Posts: 9
Joined: Sun May 30, 2010 11:33 am

Re: Planning legislation for forestry building.

Postby Dexter's Shed » Mon May 12, 2014 12:26 pm

you dont need permission for 3 caravans and a red double decker bus, tell them as they turned down the building which would have blended in and become invisible with time, that the vans and bus will do instead
Dexter's Shed
 
Posts: 748
Joined: Thu Aug 15, 2013 5:29 pm
Location: essex and kent

Re: Planning legislation for forestry building.

Postby oldclaypaws » Mon May 12, 2014 12:38 pm

Now that you've revealed the location I see your problem. I originally asked if you were in an AONB but you didnt at that point detail the location. If you are in Horsham theres a good chance you are in either the High Weald AONB or South Down National Park (?) and that is subject to far more stringent planning;

http://www.horsham.gov.uk/environment/7821.aspx

Development Proposals in AONBs are subject to particular scrutiny to ensure that harm will not be caused to the visual quality and essential characteristics of the AONBs


Several times on the forum we've encountered others with planning grief essentially caused by being in a sensitive location. If you think you're likely to want to put up a building, try to initially avoid buying woods in an AONB or National Park, it makes life simpler.

To refer to my previous comment, it'll be easier if you try to talk to the planners to explain your needs and get an indication of what they are likely to find acceptable. A solicitor and taking a contrary position is unlikely to acheive anything apart from a high legal bill, your solicitor will be unable to alter the AONB or National Park status, so ring the planners, outline your needs, and ask what they think might be passible prior to putting in a full application, which you apparently are required to do. Good luck !
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm

Re: Planning legislation for forestry building.

Postby Wendelspanswick » Mon May 12, 2014 7:04 pm

We successfully put in a Prior Notification for a 50M2 barn and we are in an AONB and the barn will be within 5 meters of a SSSI.
If I were you I would look online at previous PN applications in your area for guidance, wait till July/August when staff levels are lower because of holidays and try again (the local authority have 30 days to come up with a valid reason to object). Make sure you fill in the PN form correctly.
If they do object without a valid reason take it to appeal as over 75% of valid applications are approved on appeal.
The Field To Farm forum is a good help, you need to buy the book to join the forum (or you could borrow it from your local library if you are a tightwad like me). It provides lots of help on PN.
Wendelspanswick
 
Posts: 351
Joined: Tue Oct 22, 2013 10:03 am
Location: Somerset


Return to All things legal

Who is online

Users browsing this forum: No registered users and 0 guests