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Old 14-08-2004, 09:20 PM
Tim Lamb
 
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In article , David P
writes
In article ,
says...
Stan The Man wrote:

Part of my garden originally belonged to the neighbouring farmer; the
previous owner of my property bought half a field from him 15 years ago
and has since integrated it into the original garden here - laying
turf, planting shrubs, creating borders, laying a brick patio, putting
up a couple of garden sheds, etc. However, she never applied to the
local authority to change the use of the acquired land from
agricultural to garden use. I'm led to believe that it should be
straighforward for me to make an application now for garden use based
on lawful development over more than 10 years. But I am curious to know
why I need to do it. What can't I do on agricultural land that I can do
on garden land - and vice versa? TIA.


Forgive the x-post, but I know some denizens of uk.business.agriculture
may be able to advise you.

First thing to do is to stack up the evidence. Precise dates of purchase
and laying out. Any neighbours who will give a sworn statement on the
dates/years when it all happened? Original owner/farmer to give
evidence?

Planners *hate* lawful use applications and will do everything they can
to demolish the arguments.

As to what you can do if it its ag.- basically just put it down to grass
and make sure there are no flower beds or other 'domestic' items on or
across it. This has been known to include [in a case in Derbyshire some
years ago] a clothes line across the 'ag. land'.

Good luck.


I can't add much to the above but suspect that planners are concerned
that land added to a domestic curtillage may enjoy permitted rights not
available on agricultural land.

I have been told that you can have as many domestic garages as you like
in your garden; it being assumed that you will not want to build more
than you need.

It may help if the extra land is to the rear of your property rather
than having road frontage and development potential.

ISTR, many years ago, that a farmers wife was forced to destroy a rose
garden she had planted on ag. land.

regards

--
Tim Lamb