Planning Permission - Ilegal Activity

vixdname

Mods: I posted this thread in the construction & planning forum but am now not so sure it was the right plave to post it as the legal forum may be more suited.
Please feel free to delete whichever one you deem is least appropriate.
Thank you !!!

Hi all, Long story short:

Farmer builds large agri shed
He also applies for planning permission to build a new mini farm attraction up his land away from the shed.
The planning permission applied for states that while the new mini farm is being constructed, the large agri shed will be only used as a reception and toilet facility and once the main mini farm is built this agri shed will return to being staff toilet and storage only.
Farmer never builds new mini farm but now uses this agri shed a his main commercial premises holding music events, parties and other activities and never reverts it back to what its planning permission granted.
Is this farmer in breach of his permission and can these activities be stopped ???? Permission was granted in 2008

Would like to know what you guys and gals think ? Thanks a mil.

Mrs OBumble

I can see the no planning side.

But what's the illegal bit - is he selling alcohol or drugs or sex at these parties?

uck51js9zml2yt

Farmer would need to apply for change of use.

NUTLEY BOY

On the face of it the present use of the agri shed and the planning permission are separate matters that are not in conflict.

However, for a few reasons the activity might be a "use" of the property that is invalid. e.g. commercial use other than agricultural to mention one potential issue.

AFAIK a planning permission is only valid for a period of about 5 years. So, after 5 years the planning permission has probably expired. Therefore, the pretext of using the agri shed pending completion of the authorised development should become a nullity and effectively die with the permission.

The best bet would be to speak to the planning department of the local authority.

plodder

Talk to the council planning dept. They would have someone responsible for enforcement and should be able to look into it.

brian_t

vixdname wrote: »

Farmer builds large agri shed
He also applies for planning permission to build a new mini farm attraction up his land away from the shed.
.......
Is this farmer in breach of his permission and can these activities be stopped ???? Permission was granted in 2008.

Depending on the size of the shed and other criteria the farmer may not have needed Planning Permission for the shed when he originally built it.

The permission may have only been for the 'mini-farm'.

http://www.environ.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C1587%2Cen.pdf

vixdname

NUTLEY BOY wrote: »

On the face of it the present use of the agri shed and the planning permission are separate matters that are not in conflict.

However, for a few reasons the activity might be a "use" of the property that is invalid. e.g. commercial use other than agricultural to mention one potential issue.

AFAIK a planning permission is only valid for a period of about 5 years. So, after 5 years the planning permission has probably expired. Therefore, the pretext of using the agri shed pending completion of the authorised development should become a nullity and effectively die with the permission.

The best bet would be to speak to the planning department of the local authority.

Thats exactly what i thought, the planning application for this mini farm expressly states that this shed which is approx the size of a building that you could play 5 aside if not bigger, would be only used a reception area until the mini farm was built then would "Only" be used as staff toilets and storage

vixdname

Mrs OBumble wrote: »

I can see the no planning side.

But what's the illegal bit - is he selling alcohol or drugs or sex at these parties?

Hi Mr OBumble, perhaps the word "Illegal" may not be great, but I presumed that planning permission is granted under conditions set out as rules and regulations that have to be abided by to make the building lawful in the eyes of the planning authorities and any deviation away from this would make it unlawful or illegal.......

hullaballoo

This is a good example of the difference between "unlawful" and "illegal".