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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Planning enforcement

Former Member, modified 2 Years ago.

Planning enforcement

Hi, I’m hoping for some help and clarification regarding an enforcement predicament I find myself in. I purchased a barn to convert into a dwelling in Wales in 2004. The barn has a modest garden cartilage and a former agricultural storage yard and paddock of 1 acre directly adjoining. I have not complied with a planning condition to erect a fence between the garden and the storage yard on first beneficial occupation of the property which was in 2009, this breach of condition has continued ever since. 5 years ago I imported topsoil, retained this with railway sleepers bedded on concrete and laid grass on the yard adjacent to the garden cartilage. I also installed a close boarded fence and a storage shed on a base. 
I have 2 questions:

1. As the condition to install a fence between the garden cartilage and adjacent agricultural land has not been complied with for in excess of 10 years is enforcement action still possible to insist this is erected?

2. Do the above actions, topsoil/railway sleeper/fencing/shed constitute operational development?

The local authority is considering taking planning enforcement action as they feel my actions have created an unlawful garden extension. 

Thanks in advance for any observations or feedback which will be most welcome.

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