Land use

[Penners]

Some friends have a house in a rural setting, surrounded by partly wooded heathland.

A finger of rough land extends up one side of their garden. It's unmanaged - a few trees, rough undergrowth, brambles, etc. Area probably about 1/5th acre.

Our friends are interested in buying this land to extend their garden. If successful, they wouldn't turn it into cultivated garden (ie: lawns, flowerbeds, etc.) but rather just clear it of undergrowth and put it down to grass as an orchard/paddock.

Would they need any kind of planning consent to do this?

Thanks for any advice.

 

[Nemesis]

Depends - see what the local authority classifies it as. If there is no change of use - eg from farm to domestic garden - there should be no prob.

But best to check...

 

[middi]

I purchased half an acre plot of land from the farmer bordering my cottage a few years ago, the land was agricultural.

I enquired from planning and they specifically said that I could only grow " crops" in it and anything else would require P P for change of use.

As I only inteded to have a bigger garden to relax in ( in case I found the time ! ), I didn'bother with the change of use as I figured that a crop of apples, pears, tulips, roses, sweet peas, runner beans,marrows, grass etc... to feed the sheep( if I ever wanted one) was just as important as the previous owners choise of crops.

I put this to the P O , he said " no problem".

I said " thanks", and just made a bigger garden.

As long as people grow" things " in the ground, what's the problem .

 

[MdB]

Be a little bit careful here. I remember seeing on the box, someone did something a bit similar to you and landscaped part of a field, planted trees, ponds etc. He was told to turn it back into a field again.

 

[middi]

You are right MdB, ponds, lakes swimming pools etc.. don't usually grow very well, Difficult to get seed or plant stock for these :wink:

 

[Gareth Hughes]

Depends - see what the local authority classifies it as. If there is no change of use - eg from farm to domestic garden - there should be no prob.

But best to check...

Farm to domestic garden is a change of use. It's also one that can have a considerable visual impact.

 

[middi]

Gareth, you are probably best qualified to answer.

At what " merky" cut off point is agricultural crop growing land require change of use if someone decides to carry on " legal" crop growing of his/her choise with the exeption of grass paths and a deck chair to admire the efforts which has been put into growing them.

The fact that it may have no distinguishable barrier or that it may have a nice hedge, bordering the existing " domestic" garden, it is not really that relevant.

The only exeption is that this newly aquired plot will always be classified as " agricultural" and apart from crop growing "only" restriction, no change of use has taken place.

 

[biffvernon]

Our land is classed as agricultural inasmuch as we recieved a payment of £36, plus a modest forest's worth of paper, under the Single Payment Scheme. I think it was for not growing any crops (but it's hard to be sure).

 

[Nemesis]

Gareth - I know - I meant if there is no change from what it is, it's just sorta acquired... but not altered - an orchard may still be classed as agriculture. An obviously domestic garden may not. It's best to ask was what I meant.

We are classed as agricultural/domestic - the agric bit is a tiny plot adjacent which was grazing land from the 1783 Inclosure Act.

No-one gives us money though!

 

[Penners]

Farm to domestic garden is a change of use. It's also one that can have a considerable visual impact.

Thanks for that advice, Gareth.

But what constitutes domestic garden? These people apparently don't plan to make the land into lawns, flower beds, etc. They will even leave the fence between the land and their existing cultivated garden. They just plan to get rid of the undergrowth, give the grass a chance, and perhaps add a few fruit trees between the existing smattering of hardwoods.

Would that constitute change of use in your view?