Planning Enforcement (Part 2)

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Charles Holt (Lincoln)

A couple of months ago I wrote an article about a planning enforcement case of mine. I managed to obtain planning permission for a client who had illegally stationed a mobile home on their farmland. Clearly, this resulted in a very satisfied client.

I have recently had success in another enforcement case. This had also arrived on my desk, after a neighbour had complained to the local planning authority (LPA), alleging that a large tank had been installed without permission, adjacent to some existing farm buildings. This proved to be the case, and the LPA issued a planning contravention notice (PCN).

The PCN was issued against the farmer, but as the tank had been proposed and installed by a national company, it was that company that instructed me to assist.

I visited the site, and I could see why the neighbour might object.  The tank was very visible from their residential house, and while not hugely obtrusive, could be regarded as an eyesore. Of course, if the applicant (or the installer-company) had submitted a ’28-day notice’, before starting the work, it is likely to have been approved by the LPA. But as the work had already been done, the only remedy after receipt of the PCN was to either remove the tank, or to apply for full planning permission.

An application for full planning permission will almost always cost much more than one for a 28-day notice, and many more supporting reports are likely to be required. A full BNG assessment could also be needed. This all had to be done here.

In this case, and after much more professional time involvement, the application was approved, and the client did not have to remove their tank. The moral of the tale is, if in doubt about any development on your farm, or any ‘engineering works’, obtain sound professional advice beforehand.

For all your planning advice, contact Charles at charlesholt@fcgagric.com or your local FCG Office.

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