# Advice please re Neighbour trying to get PP erect a house



## Jnhuk (12 July 2013)

An agricultural shed adjoining our land (originally was part of our house/land until split/sold off by a previous owner) the owner is trying to get permission to build a house with a detached workshop for the blacksmith's business (suspect getting round the agricultural ties by stating they repair agricultural equipment etc....) when in reality it really is a scrap metal business 

The land locally has a section 50 (may now be know under Section 75) on it which is meant to be an agricultural use only and "no further development will  at any time be permitted upon the subjects".

I know that the current owner paid over the odds for the shed a few years ago. There have been historic applications for erection of a dwelling that have been refused in the past.

I don't know how to frame my objections to be reasonable but I am being realistic as suspect this guy will get the PP eventually so don't want to cause long term animosity.


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## its_noodles (12 July 2013)

i would go and see ur local councillor and see what he/she says?


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## jrp204 (12 July 2013)

I appreciate we are not in Scotland but we applied for PP on a similar plot, we were agricultural contractors. We went to appeal but lost as we were 'su generis' which meant although we had agricultural machinery etc,  we were not classed as agricultural. This may also be the the case with your neighbour.
Remember they will be able to read any objections so keep to the facts, the previous applications, the restrictions on the property and the su generis use.
We also had to prove we needed to live on site, security was not a reason they would consider. Can't remember if we had to have 3 or 5 years accounts showing the business was viable and providing a liveable income which I think was 15k


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## LeneHorse (12 July 2013)

You could gove Planning Aid Scotland a call. They are a registered charity who offer free impartial planning advice to individuals and communities.

http://www.planningaidscotland.org.uk/

Hope this link works.

Also have a look at the Local Development Plan for the area (it will be on the Council's website) and check their policy for development in the countryside. Some Councils are a lot stricter than others about what they will permit.


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## jrp204 (12 July 2013)

Another thought, the holding is for 'agricultural use' has he applied for change of use? He is running a non agricultural business, maybe worth a phone call to your local planning department to find out.


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## Jnhuk (12 July 2013)

Thanks everyone. We have had chats with planning regarding the shed but none recently so will do so next week and see what they say.

I would prefer not to have a house built where the plans are stating and I honest can't see where they would be able to put a septic tank and soak away on their land.


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## lachlanandmarcus (13 July 2013)

Jnhuk said:



			Thanks everyone. We have had chats with planning regarding the shed but none recently so will do so next week and see what they say.

I would prefer not to have a house built where the plans are stating and I honest can't see where they would be able to put a septic tank and soak away on their land.
		
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I wouldn't worry too much about bad feeling about objecting to the house. For the scenario you outline, the applicant would be daft if they expected any chance that the neighbour would not object, it would be par for the course. 

If there is another location on site which would Be acceptable to you it might be worth discussing that with them.  

The septic tank and soak away will have to be shown on the submitted detailed plans so that will be considered, they will also likely have to do percolation tests both on the tank and soak way locations to show that drainage will work. (I know cos we are have had to do this recently). Altho strictly part of building regs not pp, they do this pre pp consideration as if there isnt anywhere to do drainage the proposal is a non starter. 

If the plot is outside the settlement area (existing and proposed over the next 5-10 years in the current published local plan then unless they can show a compelling reason why they have to be on site 24 hours a day as opposed to living locally, then they are unlikely to get PP. they might argue that with scrap prices so high, there is a high risk of theft etc.....The fact that previous apps have been refused will help, looking at the reasons for the refusal then, against any changes to policy in the local plan, will help you determine whether circumstances have changed enough for them to have a chance now.


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## Dry Rot (13 July 2013)

You can only object to a planning application on certain grounds. Here is an explanation:

http://www.richmond.gov.uk/home/env...valid_objection_to_a_planning_application.htm

As a bit of an aside, I met a man who was in business as a farrier. He explained how he had got PP for bare land "because he was a blacksmith". He reckoned that there was a law giving priority to farriers and blacksmiths when it came for permission to build under an ancient statute. (James VI of Scotland?). The idea was that blacksmiths were essential to trade as they kept transport moving. I wonder if that is why your neighbour calls himself a blacksmith??

I've tried in vain to find a reference to this and the farrier has moved! Nobody can confirm that such a law exists. Does anyone know? Sounds possible!


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