Compulsary Purchase Order

[modeller]

In my parish there is a piece of private land , about 5 acres, backing onto a common. Unfortunately this land has been ruined by being used as a dumping ground and the erection of delapidated structures. For years it has been virtually abandoned .
The council has pinned notices on the gate telling the owner to clan and clear up the site. These have been ignored. It has been going on for years.

[jackthehat]

Could the land be considered to be part of an Agricultural Holding?

If not, part D, of the 'Ownership Certificate' accompanying any Planning Application (the Council can make and approve its own applications) ought to cover them........

http://www.hounslow.gov.uk/own1_040826-2.pdf

Naturally, they will have to hand it back to the owner, should s/he ever make him/herself known, and remove any structures, etc. which they have installed, should the owner require........

[modeller]

That looks interesting but natually the council is not going to spend thousnds clearing this site only to hand it over to the owner when he/she turns up.

Yes it is an Agriculural Holding .

[jackthehat]

Agricultural holdings, unfortunately, are held 'outside' of any normal sort of Planning guidelines, I'm afraid.

[modeller]

Oh dear . What can we do ?

[jackthehat]

You could find a solicitor dealing with 'land' and ask advice of him/her.

Any Local Authority is loath to take land out of *Agriculture* and enable it to be used for any other use......from there, it is a short step to 'Building Development'.

[Old_Geezer]

But if it is an fly tip it isn't being used for agriculture already.

That said the main problem here are the dumpers, not the unfortunate owner who gets the responsibility to clear up after them. Maybe the council should take responsibility for fly tipping anywhere. And for prosecuting the perpetrators.

[modeller]

Yes I can understand that but it is a part of the green belt and if owned by the parish could be an extension to the common or become common land in its own right or a recreation ground . Whatever it became, unless there was a change in the green belt , it would remain of a rural nature.

From the parish point of view it is an eyesore and a corrugated iron monstrosity which must be cleared/cleaned up. Serving notices on a Will-the-Wisp owner has failed . In fact over the years there have been sick and dead sheep and cattle. The RSPCA were involved but again nothing changed. The owner appears to be above the law.

[modeller]

Old Geezer The field is not available to dumpers . The only easy acess is through the locked gates . It would appear the gates are opened/ unlocked to allow this to happen. This is not casual dumping.

[jackthehat]

If the land is presently 'agricultural' which has quite a narrow definition......and becomes 'other than that', the council could be shooting themselves in the foot. If they absorb it out of 'agricultural' they have already removed, by their own actions, a safeguard; the owner can then argue that he would like to build several houses on this land (other restrictions notwithstanding) and the Planning Department cannot then refuse these proposals using the fact that the land is 'Agricultural'.
I imagine that your Local Authority, either (a) can't be bothered expending the time, or (b) can't be bothered spending the money, on establishing *who* owns the land, or the implications for them and the land, if they were to take it over.
I have a feeling that someone somewhere is going to need to put their hand in their pocket to determine the legality of *all* the proposals.

[modeller]

As you say there are problems , not the least the unwillingness of the council to act.
The bottom line is the land has a sprawling ,corrugated iron, rusting , delapidated structure ,hanging doors , gaping holes accompanied by old baths ,mattresses, kitchen sinks etc.

If the parish acquired the land they could rent it out to a farmer and exercise some control over its use. Most land around here is used for grazing animals its not much good for crops .
Basically there would not be a change of use it would still be agricultural however that is defined.

[factor-fiction]

You say it's dilapidated - is it also dangerous? If so, couldn't something be done about that?

[modeller]

Yes it is dangerous to anyone going on the site , children etc.

[factor-fiction]

Might be worth calling the Environmental Health Officer saying you've seen children playing in there and it looks dangerous.