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Old 24-04-2015, 12:50 PM posted to uk.rec.gardening
Janet Janet is offline
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First recorded activity by GardenBanter: Jan 2015
Posts: 215
Default Agricultural land change of use to Garden

In article , hayley.fafa8c9
@gardenbanter.co.uk says...

Hello All,
So..firstly we live in an AONB and a conservation area. The local farmer
a couple of years back managed to sell off some of his land and the
council built affordable homes on it. The same farmer owns the field at
the back of our house so my husband and I decide to approach him to
purchase some land directly behind our house so if the land ever did
sell at least we wouldn't be overlooked. It's a relatively small piece
of land 9x13m. a couple of questions....

Can we put a fence up and if so any restrictions on height?


You will have to put up a boundary fence and make sure it's correctly
marked on the new land title. What if the farmer runs livestock there?


What can/can't we do on the land as it is agricultural


I'm pretty surprised that when you bought the land your lawyer did not
enquire and discuss this with you especially in an AONB and conservation
area. You should have asked the farmer what its agricultural
classification was/is. If its part of an SSSI or he's been claiming
grants for protecting wildlife habitat at arable edges, whatever's
growing on it (or living in it) may be protected.

Our neighbours a few doors along had the same idea as us and purchased
land from the farmer years ago and have placed on the land things like
summerhouses etc so I assume the land is classed as garden for them now.


I wouldn't assume its been reclassified "by use".

If it is would that help our case if we applied for change of use?


If they didn't apply for change of use, an application by yourself
could bring official attention to an illegal precedent. Then the
bplanning dept might force your neighbour to remove their buildings and
return the land to its previous status.

If you or the neighbours ever want/need to sell, the additional
agricultural land purchases (and presence or absence of change of
use/planning permissions) will come to light.

The
end of our agricultural land just purchased ends exactly where the
neighbours land does. We don't want any kind of planning rights as the
whole reason we have purchased the land is to stop anything being built!
is there something we could sign perhaps to state the land will never be
developed on?


Designated agricultural land already carries that protection.. and
sometimes others which are just as restrictive.


Janet.