Any way to avoid loss of Agri planning exemption?

Mikeymay2

Hi, My neighbour is planning to build a house for his son on a site between both our farms. I'm quite happy with this as he's a grand lad and good company.

The edge of the house would be about 70m from my farm yard and 100m would cover most of my yard.

I have just been told that if he builds the house, I will lose the agricultural exemption for constructing/renovating farm buildings and would have to apply for planning permission in future for work that would have been exempt, if his house wasnt there.

Is there anything I can do? On the one hand, I dont want to object to his house as I'd like him to be living there, but on the other hand loss of these exemptions might cause me or my son big problems in the future.

kieran.

Have you any building within your 'yard'?

Exemptions only apply for buildings up to 300m2 in your yard? If you have buildings/structures already constructed they would come out of that 300m2.

If you have to provide a letter stating you have no objection to him building within 100m of your complex, I would ask for a similar letter of understanding should you wish to develop your farm further towards his proposed development.

Mikeymay2

Yes, we do have buildings but theyre old fashioned and would be under 300m2.

Its not that we would be developing further towards him but we might want to put up a machine shed, for example, within the existing yard. I'm sure he wouldnt object to it but am I right that once a house is within 100m of the yard I need to go to planning? Would a 'letter of understanding ' avoid that applying? And even if it did, would it last long term?

And if I refused to give the letter of consent, would he get planning anyway? and if so would I be in a better position since I wouldnt have 'voluntarily' given up the exemptions?

kieran.

If you dont give him a letter of consent and it is in the local development plan as a policy that there is no development within 100m of a farm complex his planning will be refused.

Can he adjust his house location on his site? so it is 100m from you existing complex? or even to allow you a greater portion of your existing complex be outside the 100m zone?

The letter on understand/consent is for when your building and I would advise getting this now if you sign for him as relationships can break down in the future.

Del2005

Mikeymay2 wrote: »

Yes, we do have buildings but theyre old fashioned and would be under 300m2.

Its not that we would be developing further towards him but we might want to put up a machine shed, for example, within the existing yard. I'm sure he wouldnt object to it but am I right that once a house is within 100m of the yard I need to go to planning? Would a 'letter of understanding ' avoid that applying? And even if it did, would it last long term?

And if I refused to give the letter of consent, would he get planning anyway? and if so would I be in a better position since I wouldnt have 'voluntarily' given up the exemptions?

I'd be talking to a solicitor or the planning department of your local council. At the end of the day you have to protect your own business before the neighbours.

sydthebeat

Mikeymay2 wrote: »

Hi, My neighbour is planning to build a house for his son on a site between both our farms. I'm quite happy with this as he's a grand lad and good company.

The edge of the house would be about 70m from my farm yard and 100m would cover most of my yard.

I have just been told that if he builds the house, I will lose the agricultural exemption for constructing/renovating farm buildings and would have to apply for planning permission in future for work that would have been exempt, if his house wasnt there.

Is there anything I can do? On the one hand, I dont want to object to his house as I'd like him to be living there, but on the other hand loss of these exemptions might cause me or my son big problems in the future.

all you need is a letter of consent from the house owners.

id suggest getting that letter now during the planning application as a trade off for you not objecting.

once you have that your 'exempted development' rights are then the same as they had been

have a read class 6 - 10

Mikeymay2

I could refuse it, I suppose, but that would be war and he's been a good friend for years. He won't be building for a year or so so maybe we better advance our own plans. Do I lose the exemptions as soon as he gets the planning permission, or must he actually complete the house?

Mikeymay2

Quote:

"all you need is a letter of consent from the house owners.

id suggest getting that letter now during the planning application as a trade off for you not objecting.

once you have that your 'exempted development' rights are then the same as they had been"


You mean I wouldnt need to apply for planning permission if I have the consent letter (once the building fits into one of the exempted categories)?

Then we would be ok as he would surely give me the consent letter.

sydthebeat

Mikeymay2 wrote: »

You mean I wouldnt need to apply for planning permission if I have the consent letter (once the building fits into one of the exempted categories)?

Then we would be ok as he would surely give me the consent letter.

exactly