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where do I go to with regards to planning law on this

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nativeponyrescue | 07:05 Fri 23rd Mar 2012 | Law
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I am a widowed woman with a child with adhd, I basically sold my house couldnt afford to live there and bought a twin unit and put it on my land which I now run as a pony rescue centre the council hate it I have an enforcement order - which is now becoming a desperate situation - my planning consultant ballsed up an appeal I have been generally harrassed off the council, the council bloke kept on calling me darling and being smarmy (what the hell was he after) Im not affecting anyone what does it matter ?
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Unfortunately just because you have your own good cause that you feel strongly about, it doesn't enable you to do what you wish with regard to the use of the land.
An enforcement order means that your options for manouvre are now very limited, especially if you have already been through an appeal process.
Planning rules are underpinned by various amendments to the Town and Country Planning Acts, but the underlying principle is to provide a process by which local authorities can decide with other public bodies how to designate land area usage.
Council officials have a difficult job to do in terms of enforcement; just because his term of phrase didn't catch an accord with you doesn't change the facts.
You are probably going to have to move off the land into rented accommodation and now reapproach what change of use you are seeking on the land in question.
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the appeal actually didnt go through have I still got a right to put in planning again - and what happens to the horses that need 24 hour care? and to my bats that have moved in to the cavity walls? batty and battila the hun? there must be someway I can fight this dreadful order also what happens if you dont actually have any money to go into rented housing? sorry but so many questions but thanks for the answers
Why do any of your horses need 24 hour care. I too rescue horses and apart from occasional bouts of colic can't see any reason why they would. You need to rethink how and why you have put a caravan on your land, so that you have better justification for being there and then submit for proper planning, as buildersmate said just wanting something to be so isn't enough.
the problem with being homeless is that most homeless people have no money hence they are homeless so essentially the council really don't care, they will house you in temporary accomodation such as a B&B or a hostel if they have nothing else suitable, so it's in your interests to cop on and sort out a planning appeal that might succeed, rather than one which is wholely as it is at the moment.
However worthy you may feel your cause is, and however tough you think your circumstances are, the usual way of doing these things is to apply for planning permission before setting up the twin unit and rescue centre on your land.

In terms of where you are now, agree with what buildersmate and Nox have said.

Are you running this as a business or as a charity/free service?
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Im running it as a non profit organisation as you cant apply for charity status until you have been running a year - I have 3 or 4 little ones that are quite femmer and have had 3 in so far this year for hand rearing fortunately havent had any colic bouts - I start work at around 8 in the morning and then work through most nights till 9-10pm Im also called out by the police to pick up stray horses which can be anytime of the day or night - news year eve I was running around with the police in my pjs catching up 11 horses so it can be quite intensive at times - the council actually said albeit verbally that I could put a caravan here I did research it and found that these in law terms are classed as a caravan so hence I had never previously dealt with planning so didnt realise (my error I realise) that they actually dont stand by anything verbally
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I will just add I have only put in planning for 3 years temporary planning permission
This thread sounds familiar- have you posted before about it -maybe a year ago- under a different name?
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no Ive never posted on here at all, only posted as found a link to here early this morning when researching on the net - ive also posted onto that thread but it was an old thread so thought Id start a new one ive tried reading the planning law but Ill be honest I struggle I find it completely baffling
You may be able to apply to get temporary permission for a caravan. But it will always be that - temporary. 2 years is a typical figure. Councils will do therir damndest to ensure you don't stay on the site more than 4 years without permission because at that point turfing you off again becomes much more difficult.
The bats are an interesting diversion; bats are amongst the most protected species in the UK so if they are roosting in your caravan, that may prevent the caravan from being moved whilst the bat experts get to work - but that alone doesn't help you establish that you can live there.
Whether the horses need 24hr care or not is not relevant (IMHO) - you can can put arguments forward here until the cows come home but it isn't going to help you establish residency.
Believe me - hundreds of people try to get a right to put a residence on agricultural land each year. Everyone has their own different story but the vast majority do not succeed. Sucess requires a combination of a detailed knowledge of exploiting the law, some luck and (often) stupidity on the part of the planning authority in making a technical mistake with their process.
hang on a minute.....a static caravan unit with cavity walls???????
I think the OP said it was a 'twin unit' (not sure what that is) rather than a caravan.
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its whats called a twin unit which is in effect two statics joined together it has chassis and wheels and lawfully is classed as a caravan
Do these static caravans have cavity walls then?

It's not on a scale with Dale Farm but i think the issues are similar- lack of planning permission
i think the legal side has been well covered, however, you say about needing to be there the whole time for the horses and being out late at night etc - wouldn't it be better to stop doing this and get a job so you can afford to live somewhere and provide a home for your son with his special needs? Nobody is making you look after horses 13 - 14 hours a day. You are not getting paid for it, I presume you are living on benefits so in effect i am paying for it. You don't mention how old your son is but if he is old enough to be at school, then you could work. If he's not old enough to be at school, what do you do with him while you are hand rearing ponies? Who looks after him when you are out at all hours of the night?
I know i sound harsh, but i am just thinking of an alternative way out of your problem, as from the other threads it seems unlikely you will be living there much longer
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well thats me told isnt it - I asked for a bit of advice not some keyboard warrior to give me a lecture ................................. Im awfully glad I asked now I personally think Im giving something back to the community and as for my son how dare you he gets up in the early hours of the morning and doesnt affect neighbours etc I am also working in a group putting together sessions for underpriviledged children to come spend time with the horses and for your information even though I dont have to justify myself to anyone I dont have state handouts !!!!! yet again I asked for advice not some overbearing lecture .............................................
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no you are right, you don't have to listen to me, or any other answers - the great thing about advice is you don't have to take it :)
However, you are in a bind - you can't carry on living there so need a different plan and it seemed like getting a job hadn't actually occurred to you, (you worry about being housed with no money) It's just an alternative thought than going into a hostel/b and b. Getting a job isn't easy at the moment, so probably the sooner you start the better
Get your appeal up and running.

*BUT* you must make arrangements for a change in your circumstances because it is very, very unlikely you will be permitted to live on your land.

bednobs makes some very pertinent points and does not deserve your snippy response.

Just because you view your present life-style and occupation as some sort of noble calling, doesn't mean that the Planning Authorities have to set aside all of the laws and regulations that are in place.
and does your static have a cavity? if not, then where do the bats live??????
and regarding your son - sorry if i upset you, but if you are going to use his special needs and vulnerability as a reason why you should stay there (it seemed like you were otherwise why even mention it?) then you have to admit that he is vulnerable and think about what sort of effect living in a hostel might have on him
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yes my static does have cavities - I came on hoping for a little bit of advice - my son is the happiest hes ever been .......... snippy comments look why shouldnt I be allowed to live on my own land that I worked and saved up for without affecting anyone and as you say it working at a "noble cause" I just do what needs doing - I am fighting to save our home I thought someone might have some ideas on how to fight not just to say you cant win so dont bother ............ have a go who are you disappointing but yourself if you go into every fight thinking your going to lose the fight is already lost .................

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