Charles Holt (Lincoln)

It’s quite often that I receive a phone call or email from a prospective client, and I immediately think “oh no, this is going to be difficult – or impossible”.  That was the situation where I was asked to help in a case in Derbyshire, where the acreage farmed is just five acres, and the livestock numbers are fewer than 100 pigs.  They were living on the site in a caravan.

The reason for the call to me was that a neighbour had complained about them to the local planning authority (LPA), which had resulted in them receiving enforcement action, in the form of a Planning Contravention Notice (PCN).  This must be responded to swiftly.  If you do nothing, an Enforcement Notice (EN) will surely follow.  Failure to respond to this is a criminal offence. 

It is always better to submit a planning application before an EN is actually issued, as the only two ways to respond to an EN are to either a) comply with it, or b) submit a formal planning appeal to the Planning Inspectorate. 

So, the call from that particular client had to be acted upon swiftly.  I visited the clients, and we started the preparation of an appraisal of the business to explain why it is essential that they live on site, and how the business can be both full time and profitable.  Although very small, this enterprise has particular attributes that will make it comply.

Contact Charles at charlesholt@fcgagric.com or your local FCG Office for all matters planning permission.