Back

When is a new planning unit created and does this effect immunity ?

ML
Mark Lane, modified 1 Year ago.

When is a new planning unit created and does this effect immunity ?

New Member Posts: 20 Join Date: 20/03/15 Recent Posts

I have been an enforcement officer for 16 years but as the saying goes you learn something new every day.

I served an enforcement notice on land that was formally within the red line of a quarry permission but had a dwelling built on it in the 1920's. In 2011 the quarry was sold to another operator and the land with the house on was retained by the former quarry owners, this land was registered at that point separating it from the quarry, this parcel of land formed the red line of the enforcement notice.

Up until 2003 the land with the house was self contained screened from the quarry by trees and lawn was laid. In 2003 bays were constructed and these were used to store "won" mineral from either the quarry or by importation, there may have been some small scale processing by grading taking place but on a small possibly ancillary scale. Post 2011 the site was used increasingly used to process construction and demolition material for resale as reclaimed aggregate.

This was investigated by my predecessor and I served an enforcement  notice in 2018. The landowner made a CLUED application to the district and appealed my notice (as a county matter) then when the CLUED was refused appealed that.

We have received the result of the CLUED appeal which has granted an LDC based on the fact that importation storage and processing had taken place from, in the inspectors opinion, no later than 2005 and therefore a certificate should be granted.

The fact the inspector agrees that a new planing unit was created in 2011 but this has not created a new chapter in the planing history has been a learning experience. I presume as there has not been any new planing permissions on the land since 2011 Pioneer Aggregates would not apply ?

 

Any thoughts ?? 

enforcement enforcement law
RH
Rebecca Haynes, modified 4 Months ago.

RE: When is a new planning unit created and does this effect immunity ?

New Member Posts: 5 Join Date: 05/04/22 Recent Posts

This is an interesting question... I see no-one responded with any thoughts, and this was some time ago. Did you come upon any answers to that interesting point...

RH
Rebecca Haynes, modified 4 Months ago.

RE: When is a new planning unit created and does this effect immunity ?

New Member Posts: 5 Join Date: 05/04/22 Recent Posts

If I have understood correctly, the once owned quarry site had become two new planning units. One of which is now under new ownership. It is the planning unit with a new owner that I believe is where a new chapter starts with planning history. I'm no expert, just interested and well researched in this subject!  

My situation right now is on a very much smaller scale, but it has created two planning units. One remains as the main dwelling with a garden, the other just garden with a shed, under a new ownership.  Does it lose it's 'use', to be used as a garden? 

ML
Mark Lane, modified 4 Months ago.

RE: When is a new planning unit created and does this effect immunity ?

New Member Posts: 20 Join Date: 20/03/15 Recent Posts

If the land was sold without a CLUED or an approved planning application in place then separating the fenced off area from the original house and its curtilage would be a material change of use of land requiring planning permission.

This brings us back to my reasoning that when the property was sold off from the quarry land a new chapter in planning history commenced and the time limit clock restarted. The inspector seems to have taken the view that a use, that commenced prior to the creation of the two sperate planning units, immunity runs from when that use commenced and the subdivision had no effect. Would have been interesting to see this appealed by the district to establish some case law but there was no apatite for this