where do I go to with regards to planning law on this

[nativeponyrescue]

I am a widowed woman with a child with adhd, I basically sold my house couldnt afford to live there and bought a twin unit and put it on my land which I now run as a pony rescue centre the council hate it I have an enforcement order - which is now becoming a desperate situation - my planning consultant ballsed up an appeal I have been generally harrassed off the council, the council bloke kept on calling me darling and being smarmy (what the hell was he after) Im not affecting anyone what does it matter ?

[jackthehat]

Right (ignoring all the emotive nonsense), your Local Authority WILL NOT allow you to live on your land. Is that in simple enough terms for you?

You need to start looking at alternatives for when they turf you off your land. I hope that is easily understandable.

Berating people because they do not share your world-view is not the way to get the best out of the contributors on this forum.

You have had sound advice on this thread......use it, or ignore it, the choice is up to you.

[nativeponyrescue]

I simply mentioned my son because he does get up at all hours of the day and night - he has alot of space here and doesnt disturb anyone that is why I mentioned it - there is no way we are living in a hostel we have been given an eviction notice its far far from over rather than giving up why not fight at least you cant say you didnt give it your all

[nativeponyrescue]

thankyou for that - the other thread was very supportive and suggested some good ideas on this forum - I simply thought that laws might have changed since 2010 when the last post was submitted

[jno]

go ahead and fight. Just be aware that you have a pretty good chance of losing, and will need to have a Plan B for when that happens.

[rowanwitch]

I would be putting in an application to the local housing department for social housing with a case made for additional space and a garden based on your sons needs As I am also certain you will be told you can't live on your own land as it sounds like it is not classified for residential purposes but is 'agricultural' The bats will need an expert to assess whether they can be moved safely or the 'units' allowed to stand and you may also need to consider alternatives for the horses/ponies in case action is also taken to stop you having suitable shelter on the land for them. It may not seem fair but especially with what is happening with the travellers at the moment no council will want to set a precedent by allowing such a non approved use of land.

Good luck I hope you can sort something out though...even if it is not what you want to happen

[Nosha123]

chances of fighting this and winning? I'd hazard a guess at close to zero... The planning dept do not allow caravans on plots of land without VERY good reason.
Start your plan B now so you dont get cast out into the cold!

[factor-fiction]

Maybe you didn't see jackthehat's post which says:

"Get your appeal up and running. *BUT* you must make arrangements for a change in your circumstances because it is very, very unlikely you will be permitted to live on your land.

As to your question: " why shouldnt I be allowed to live on my own land that I worked and saved up for without affecting anyone", which I think is the argument the Dale Farm 'travellers' used, the answer is that it contravenes planning laws.

Do your neighbours and the people who live in your old house all support you? If they do maybe you should get them to support your appeal. If, on the other hand, there have been complaints from them, then it's unlikely your appeal will succeed.

[nativeponyrescue]

do you think that public support may win them around - one of the things that is hazy is that you can have 2 attempts at planning and I have only had one but unsure as to whether you can submit another planning application if they have filed an eviction notice (there are no dates finalised) also can I split up my land and simply put into my fathers name? I was recommended (sorry if I have spelt this wrong I always do) to do this by a neighbouring council official but havent as yet done it - all my neighbours I get on with well unfortunately I am slightly visible from a main road and a footpath but only when trees are bare I know straw clutching a plenty here and I apologise if Ive got a bit snitty this has me a wee bit stressed and the fact that my appeal was thrown out on a technicality from my planning consultant well thats seems a bit unjust to say the least

[nativeponyrescue]

the commision on human rights stated in 1993 that forced eviction is a gross violation of human rights ............. but the high court has overruled the dale farm situation ........... so whose to say and lets face it when you start talking european court of human rights well its major money ....... but thought it may help someone in the future even if it doesnt help me now

[cathfromsaron]

i think that barns, stables or shelters on farming land are considered differently to residential dwellings, however temporary! i know loads of farms which have applied for planning for the former and been warned NOT to sleep there!

however unwelcome the advice you have solicited, i think that you should only expect to live within the laws that apply to all of us!

[jackthehat]

What 'technicality' did your Planning Consultant fail to address?

If you think that they have been negligent then you need to take that up with them.

If you have an application refused by your Planning Authority, you are entitled to a 'free go' submission and to appeal.

Your appeal *has* to show that the Planners have made a mistake in judging your application......it can't just be that they said "No" and you think they should say "Yes", however.

You really would be better advised in throwing your energies into working out what to do/where to live 'away' from your site. No Local Authority is going to want to be the one to set a precedent/open a huge can of worms by allowing people in its area to set up permanent home on land not designated as being residential, I'm afraid.

[factor-fiction]

Would you be able to sell the land for a reasonable amount to help you afford rent?

[EDDIE51]

We have to leave emotion out of this and just look at the facts.
You are trying to get permission for residential use of an agricultural site.
This is VERY unlikely to be granted.
You may have the best reasons but the fact is that if permission for a residential caravan is granted that permission can be extended to a house. The value of the land would increase by over 10x if planning permission were to be granted.
You need to get your name on the council list for emergency housing and look for ways to keep the caravan on the land for agricultural use so that you can attend to the horses.
Sorry, but I have to repeat what others have said ''You are VERY unlikedly to get permission to stay in the caravan , so get looking for alternate accomadation now!
This thread is almost identical to one that was on here a few weeks back, that was about getting permission live in a caravan on agricultural land to look after horses as well.
May be worth looking back to see what happened .

[buildersmate]

Since loads of others like to repeat what I already said, I thought I's repeat it all again.

You may be able to apply to get temporary permission for a caravan. But it will always be that - temporary. 2 years is a typical figure. Councils will do therir damndest to ensure you don't stay on the site more than 4 years without permission because at that point turfing you off again becomes much more difficult.
The bats are an interesting diversion; bats are amongst the most protected species in the UK so if they are roosting in your caravan, that may prevent the caravan from being moved whilst the bat experts get to work - but that alone doesn't help you establish that you can live there.
Whether the horses need 24hr care or not is not relevant (IMHO) - you can can put arguments forward here until the cows come home but it isn't going to help you establish residency.
Believe me - hundreds of people try to get a right to put a residence on agricultural land each year. Everyone has their own different story but the vast majority do not succeed. Sucess requires a combination of a detailed knowledge of exploiting the law, some luck and (often) stupidity on the part of the planning authority in making a technical mistake with their process.

[bushbaby_de]

I've had a good read through all of it and its occurred to me that the enforcement notice could well be for the change of use of the entire site (horses rather than agriculture) as well as the dwelling, which would make this situation even more complicated (and in my opinion, even less likely to get planning permission on appeal) Perhaps the OP can confirm what the wording of the enforcement notice is and what the problems were with the appeal?

[EDDIE51]

busybaby, horses count as livestock and so use to look after horses is still agricultural use.
It could be diffrent if for example the land was being used to train race horses but this is not the case here, it could just as easily be sheep , cattle or goats

[buildersmate]

Eddie
Horses on a field can be classed as agricultural use. Then again, much more than that (stabling, jumping and more) is equestrian use - a different use

[nativeponyrescue]

sorry about the delay - the council gave me planning permission for stabling which I am in the process of building - what Im actually querying is the logical reason behind all of this - you just can't isnt really a logical reason - the reason the appeal didnt go through is that my planning consultant said I didnt have to pay - I thought I did but he said no so the LPA dismissed it as they did not receive relevant funds

[bednobs]

Although i haven't looked at your enforcement notice or anything, it seems logical to me. Your local council will not give you permission to live there because the ground is for agricultural use, rather than for living on. if councils allowed people to just live on ag land, fields all over the place would just be covered in flats, houses or traveller encampments. Probably when they said you could put a caravan on it, they didnt mean to live in, but to use for making cups of tea and shelter when you were tending the horses

[nativeponyrescue]

okay I can see your point it still doesnt make logical sense - I am not affecting anyone ........ Im sorry perhaps I am unintelligent but really cant see the problem ......... I own this land if it was somebodys else land I could understand but why shouldnt you be able to do what you would like with your land .......... I dont think it will lead to anarchy - anyway solicitor this week and lets fight ........