Extended Garden Curtilage - Public forum - Planning Advisory Service (PAS)

On an estate which borders open countryside a number of householders in one row of houses, whose rear gardens look onto greenfield land have purchased an acre of the land from the local farmer with the intention of sub dividing it into 10 individual plots. Each individual plot being bought by the householder whose property is immediately adjacent to it, ten in total. My authority since becoming aware of the proposals has resisted the sub division of the land on the basis that any garden extension is considered unacceptable development in the countryside being a material change of use, for which planning permission is required. Some of the occupiers have questioned the Council's ability to prevent the erection of post and rail fences on the land with its use remaining as agriculture and have sought clarification as to what activity can be carried out under the definition of agriculture as set out in Section 336 of the Act. In is somewhat difficult to determine what is agriculture, allotment garden or extended domestic garden looking at appeal cases. I do appreciate that one must look at the individual characteristics and appearance of the land to determine such. This matter has now become an enforcement issue due to a small amount of creepage occurring on the land. To date no fences have been erected and the creepage is only minor within the immediate area of the existing garden fences although some householders have removed the boundary treatments given unrestricted access to the land. My Council is considering issuing an Article 4 direction to prevent the sub division of the land treating the land at present as a single planning unit. I would be interested to know if any anyone has had a similar case and the course of action taken.