Huts, shelters etc.

[wrekin]

The acreage thresholds apply to agricultural land. They're not there in the GPDO section on Forestry:

http://www.legislation.gov.uk/uksi/1995/418/schedule/2/part/7/made

[Binz]

we are planning to put up a shelter (4m diameter, 2.5 high) in our 6 acres and filled out the permitted development forms and sent them to the council (Tun' Wells). They wrote back saying no because we hadn't included a forestry management plan as proof that the woodland was being managed for forestry; so we then (early December) sent them a management plan plus photo's of areas we have coppiced, as proof of forestry management, and have had no response.

[tracy]

Did you have to pay for that Binz? I thought applying for a letter saying 'you don't need permission' also cost about £70.

I guess you are going to have to hassle them?

[wrekin]

Binz, if you look at the link to the GPDO wording I posted, section A.2. (c) iii says that you can go ahead if they've received your application and haven't said whether a formal determination is required or not within 28 days. It might be worth getting them to admit they've received your second application for a determination and that they've not yet replied, and then once they do (or did you send it "Signed for"?), then write to them saying you understand that you can go ahead due to the 28 days provision of the GPDO.

It may also be worth stressing some seasonal constraint that makes it urgent, as the government's guidance to planning authorities tells them not to mess people around because forestry work is often time critical. Any appeal would go to the Secretary of State's inspector, who will work off those guidelines and the council officers may reread them if they try to argue around the 28days limit. It just makes them look bad in front of everyone if they get into an appeal situation with you.

I'd keep it all very polite though: you're not getting one over on them, and they've not been inefficient and not responded in time. You just understand this is now the situation because of the rules in the GPDO etc...

[Binz]

yes it was £70 to apply, and yes i did get the delivery tracked/signed for so have proof they received it. It has been well over the 28 days and we are now going ahead with building the shelter. It's nothing fancy but it will be satisfying having built it ourselves and having somewhere to get out of the weather. Thanks for the advice, writing that letter to the council is on a long list of things to do.

[northmetking]

Binz, just out of interest, when you say shelter, is that essentially a shed?

I'm just trying to get a feel for what's permitted/appropriate to the size of woodland, and have also been wondering if the words you use in the application can make a difference. I read somewhere that someone got refused for a "woodland bothy" but then applied for another structure with the same dimensions, this time called a "tool store" or something like that, and were successful.

£70 sounds extortionate just for them to read a letter, especially when you don't get a response for weeks afterwards.

[Binz]

not a shed as it'll be circular (inspired by roundhouse). Described as a forestry shelter for processing of logs and to provide shelter for forestry workers.

[Henrietta]

Binz, we also had trouble with permitted developement. Our council decided to ignore the fact that we had applied under permitted developement, and treat it as full planning, although we had not paid for it. We had many complaints made by locals and the local parish council, who were determined to stop us building a shed. After several months, we were refused. We went to appeal and won because the council had not replied to us within twenty eight days, and so we got it on a technicality.

[jennysmate]

Has anyone used a shipping container as a shelter? I've slept in one on a mountain and it was very cosy. The trouble with wooden structures around our way is that they get vandalise. What would it come under for council planners? I guess it could be classified as a caravan.

[Henrietta]

Our woodland neighbour has a shipping container. Unless the law has changed recently, I believe you can put a container in your wood, much the same as a caravan, because it can be moved on a lorry. There was an interesting case some time back, when a council tried to get a container moved because it had been fitted with windows and a door. They lost the case because the door and windows made no difference to it's moveability.

If anyone's woodland or garden falls within the new South Downs national park, none of these planning laws that we know will apply, and I suggest that anyone who needs to put up a new shed or fence in their gardens, to do it now, before the national park authorities take over the planning in April. I believe this will also affect permitted developement. Where as now, you could in theory cover up to half your garden in sheds, under the national park rules, you can only extend your property by ten percent, and that includes any extension that has been added to your property since it was originally built. So it looks as if full planning permission will be required for everything.