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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

RE: Change of use

Naomi Perry, modified 7 Years ago.

Change of use

New Member Posts: 19 Join Date: 10/09/13 Recent Posts

We have an application where a golf course is changing to agricultural use. The planning application description is 'Change of use of land from a golf course to agricultural and levelling of two bunds'. The applicant is now saying that the golf course has become grass land and any works carried out would fall under permitted development. Our interpretation is that whilst the change of use would be permitted development, this has not yet taken place and therefore the works do need planning permission. The works, significant earth movement, are currently going on and enforcement action is underway alongside the application.

Does anyone have experience of any similar cases?

Many thanks

Former Member, modified 7 Years ago.

RE: Change of use

May I suggest you take a step back. Agriculture is specifically excluded from the definition of development see Sec 55  (2) of the 1990 Planning Act so there is no change of use. It is not permitted development because it is not development 'per se'. You cannot have an appplication for something that is not development. However, agriculture is defined by section 336 of the Act and it includes a requirement that the land be used for the purposes defined in sec 336 of the 1990 Act. So they don't automatically default to agriculture until grazing or some form of other agricultural activity takes place, and i would suggest in the interim there is  a 'nil ' use. I would be careful about the enforcement action too, if it includes unauthorised change of use, it should only apply to engineering operations if there is no agricultural activity. Agricultural pd rights only apply to where there is an established agricultural business ( not hobby ) and the case law goes back toIn R. v. Sevenoaks District Council, ex p. Palley[1995] J.P.L. 915 the court quashed decisions by the Council not to take enforcement action in respect of the erection of a greenhouse. The Council had insufficient material before it on which it could properly have concluded that the land was in use for agriculture for the purposes of a trade or business.   I hope this all helps.
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Richard Crawley, modified 7 Years ago.

RE: Change of use

Expert Posts: 254 Join Date: 07/12/11 Recent Posts

 

A quick google led me to the planner man, with what looks like some useful and relevant thougths on changes to agricultural use:

http://theplannerman.blogspot.co.uk/2012/08/when-agricultural-development-isnt.html

Although the engineering works might be a different matter. 

 

Naomi Perry, modified 7 Years ago.

RE: Change of use

New Member Posts: 19 Join Date: 10/09/13 Recent Posts

 

Hi everyone,

Many thanks for the responses they have been very useful and helped us with the application.

Naomi