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Planning on amenity land?

16 replies

arthurdaly · 28/12/2020 23:37

My parents have recently acquired some land next to their house in a very rural location. Currently classed as amenity land and never had a dwelling on.
They would happily gift us the land to build a house on but in reality is getting planning even worth looking at let alone achievable?

To put some context around it we currently own a house near London but want to relocate to this very rural area where currently the 60% of the population is over 60 and they are actively trying to encourage younger people to live there (we're in our 30s with a 3 year old). Our aim would be to build a completely sustainable house and use local materials/labour. DH is a builder so would do a lot himself.

What are the chances of ever getting the dream into a reality?

OP posts:
PresentingPercy · 29/12/2020 00:14

I own 14 acres of amenity land next to my house. It’s in green belt and an AONB. I could get fit numerous houses on it but of course it’s impossibly to get pp. If the land could have got pp, someone might have got it before now. Often you are allowed replacement dwellings but not a new one on a paddock. If this was allowed everyone would do it. You might get lucky. You could engage a planning consultant. You could look at the local plan and consult the planning department. It will depend where it is, but it’s often not possible in rural areas.

Your parents could build a barn and then try and convert it to a dwelling. Risky policy though. Or stables. I’ve seen that done.

iswhois · 29/12/2020 00:21

Depends what you mean by "amenity land"

Is it just an open field, or does it have designations such as green belt or AONB?

are there any public rights of way crossing it?

arthurdaly · 29/12/2020 08:24

@PresentingPercy & @iswhois thank you.

It was owned by the church who sold at auction, it is approx 2 acres and never really really need used for anything other than scrub land and has no rights of way.

I will check the deeds as to what it says about how the land is classed. I know it's highly unlikely as like you say everyone would be doing it 😀

OP posts:
PresentingPercy · 29/12/2020 08:38

Rights of way can be diverted. They don’t prevent development.

I would bet that the CofE land surveyors would have considered pp. You need to look at any local planning policies. What are the local council (parish or district or county) saying about this location with regard to development? Your parents might have got lucky and can convert a parcel of land currently worth a few £thousand into a plot worth multiples of this and potentially £1/2 million (around me, more like £2m) but no one noticed before that pp could be obtained. It could be possible but it’s unlikely or everyone would do it. Development is usually in designated areas and the countryside is rarely up for grabs unless it’s infill or a designated development area.

AChickenCalledDaal · 29/12/2020 09:07

Ask the Council planning department. They will have policies that say where houses can - and can't - be built.

That information won't be in the deeds, although it's possible the deeds will include other restrictions. Those are not linked to planning permission, but might also limit what can be done with it.

tilder · 29/12/2020 09:29

As previous posters have said, it's difficult getting planning permission for fields. There are ways though.

Check out relevant plans. Parish upwards. These will show where has been ear marked for development and any expectation on your land.

There have been recent relaxations in planning restrictions. Including conversion of existing buildings. So yes,it is a possibility that you could get planning for an agricultural building. Build it. Then conversion to a house. It's not a definite nor is it quick or easy.

Farm workers bungalows are a thing. You would be amazed how large a 3 bed bungalow can be.

If they are encouraging young families, that might help too.

PresentingPercy · 29/12/2020 09:43

2 acres would not be enough for a farm worker dwelling here. You do have to work in the land if you use that route. You might be allowed a barn but here you would need more land to get that too! So buying more land might be an option.

AChickenCalledDaal · 29/12/2020 11:03

I'm a planning officer and around here we would ask you a lot of difficult questions about the viability of your two acre "agricultural holding" before allowing a new building to be constructed.

We are also quite accustomed to looking out for "barns" that are readily convertible to three bedroom bungalows.

Don't play silly games unless you are prepared to get stuck with a very expensive barn that you have no use for.

There really is no substitute for finding out what the local policies are. But IME, the church is not prone to disposing of land that has any value - they need the money for looking after the thousands of listed buildings that they are custodians of.

PresentingPercy · 29/12/2020 12:34

The planning department here has been negligent regarding looking out for "barn" developments on land holdings that are quite small. 10 acres is all that is required and it has been a major loophole that has been exploited when people have this land. People have built stables next to houses and converted them dwellings. A neighbour raised the roof of the stables and converted it to a dwelling. Bujilding control was given info but planning were not involved. Planning were notified by others in the village here but then agreed it retrospectively. A big barn has now been built behind the stable dwelling and we are all awaiting the windows to be installed! It appears there is nothing to stop this. It is a very expensive way to get more dwellings but here it is possible.

You could get your parents to build stables next door to their house. then convert. With a paddock stables should be permitted. However it is finding the loopholes that matters and having the bvalls to go through with it!

Seeline · 29/12/2020 12:44

PresentingPercy that is very bad advice. Doing stuff without PP can be very expensive if made to take development down, and ultimately it can lead to hefty fines and even a criminal record.

The first thing to do would be to check the Local Plan for the area, and see whether the land has any special designations like Green Belt, AONB etc.

Does it lie within a designated settlement area or in open countryside?

Can the Council show a 5 year housing land supply?

PresentingPercy · 29/12/2020 15:03

I’m not really advising anyone to do any of what I wrote. No one here has taken anything down, been fined or even amended the buildings. As I said the planners tend to let the loopholes stay. Developers do know how to get round the policies. Everyone here is pretty cross about it. It is underhand but it’s what is done when people own enough land and want further living space. I wouldn’t do it but it could be possible in some areas. So it needs to be checked.

PresentingPercy · 29/12/2020 16:50

I also did not say without PP. You get PP for a barn or stables because you have land. Then apply for amended use.

BrassicaBabe · 29/12/2020 17:05

@AChickenCalledDaal wish planning officers round my way kept their eyes open. I know of several garage, barns and storage sheds that were built with the windows bricked up and ready to be knocked out etc Hmm

notapizzaeater · 29/12/2020 17:18

Have you asked them to pay your legal fees for this ? Some people might not have been able to afford it at this stage. Personally I'd walk away.

Seeline · 29/12/2020 17:25

I have been involved in planning for over 39 years. IME planners do not tend to let loopholes go.

PresentingPercy · 29/12/2020 19:53

Well they have been stitched up here! It’s always “agricultural“ buildings that are put up for dubious reasons and then get converted.

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