Section 5 Application

Jason_Arch

Can a Section 5 Exemption Declaration be applied for retroactively?

There was a few small extensions added to an agricultural shed and the farmer is looking to apply for retention. Having a look at the planning guidelines, the extensions may fall under the threshold to qualify as exempted development but I'm not sure if this can be done afterwards or not.

Edit: I should say that the total floor area of the original shed plus the extensions may fall under the threshold, I need to undertake a site survey.

Gumbo

Jason_Arch wrote: »

Can a Section 5 Exemption Declaration be applied for retroactively?

There was a few small extensions added to an agricultural shed and the farmer is looking to apply for retention. Having a look at the planning guidelines, the extensions may fall under the threshold to qualify as exempted development but I'm not sure if this can be done afterwards or not.

Edit: I should say that the total floor area of the original shed plus the extensions may fall under the threshold, I need to undertake a site survey.

Yes.
The owner can apply asking if the works are exempt.
Detailed drawings would be required in order to get an accurate response from the LA.

Jason_Arch

Gumbo wrote: »

Yes.
The owner can apply asking if the works are exempt.
Detailed drawings would be required in order to get an accurate response from the LA.

Yeah I had assumed the drawings were required for either scenario, an exemption application would be preferred over the retention though due to the lesser fee and the trial of going through the planning process.

Thanks for your help.

sydthebeat

Jason_Arch wrote: »

Yeah I had assumed the drawings were required for either scenario, an exemption application would be preferred over the retention though due to the lesser fee and the trial of going through the planning process.

Thanks for your help.

just remember though if the section 5 is unsuccessful ie its determined what was done required planning permission, then the whole retention application has to happen anyway

but there are very generous exemptions allowed for in regards to agriculture

Gumbo

Jason_Arch wrote: »

Yeah I had assumed the drawings were required for either scenario, an exemption application would be preferred over the retention though due to the lesser fee and the trial of going through the planning process.

Thanks for your help.

The section 5 doesn’t regularize the situation.
It’s simply and official question to the the council “do these works require planning?” And an official reply “yes” or “no”.

If the council deed it requiring planning then you’ll need to go for retention.
If the council deem it as exempt then you’ll need to engage a professional to issue an opinion on this if you are selling etc

Jason_Arch

Thanks for both replys.

No problem with applying for retention if it calls for it, I think I'll advise him to apply for the section 5 first. As regards a professional opinion if the council deem it exempt, that will be no problem.

Another query, planning leaflet PL6 has different types of agricultural listed with differing thresholds. The original shed is Type 1 i.e. its used for housing livestock and is less than <200 sq m. As such, this shed has already been deemed exempt when it was built years back. The additional sheds that are being applied for now would be considered Type 4 - they are not used for storing animals and are less than 300 sq m (the floor area limit for Type 4). These extension are basic lean-tos with no walls, are built against the original shed and are used for the covered storage of machinary, feed etc. Are the areas of the additional extensions added to the original shed's area? Or because they are classed as different types of agricultural building, are the areas treated separately from the original shed to determine if they fall under the threshold for retention?

muffler

Jason_Arch wrote: »

Are the areas of the additional extensions added to the original shed's area? Or because they are classed as different types of agricultural building, are the areas treated separately from the original shed to determine if they fall under the threshold for retention?

Is that not what you are making the Section 5 application for? i.e. to determine if its development that is exempt or requires planning.

I wouldnt get too hung up on referring to "types" in a planning leaflet. Refer to the 2001 regs and the various classes under the rural exemptions. Class 9 would appear to be your fit and it applies to similar type buildings i.e class 9 / dry storage / machinery etc.

Jason_Arch

muffler wrote: »

Is that not what you are making the Section 5 application for? i.e. to determine if its development that is exempt or requires planning.

I wouldnt get too hung up on referring to "types" in a planning leaflet. Refer to the 2001 regs and the various classes under the rural exemptions. Class 9 would appear to be your fit and it applies to similar type buildings i.e class 9 / dry storage / machinery etc.

The original 'main' shed already has an exemption granted. There were additional lean-to's built in addition to the main shed a few years afterwards that now require either an exemption application or a retention application.

Thanks for the link - the information seems to tally with what's on the leaflet so that's a great help.

Gumbo

Jason_Arch wrote: »

The original 'main' shed already has an exemption granted. There were additional lean-to's built in addition to the main shed a few years afterwards that now require either an exemption application or a retention application.

Thanks for the link - the information seems to tally with what's on the leaflet so that's a great help.

You can’t get an exemption granted.

Your still mixing up section 5 applications and planning grants and opinions on exemptions.

You deffo need advice on the ground.