Retrospective Planning condition - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - Today
Retrospective Planning condition
We purchased a derelict barn in 2005 in South Wales and have completed the renovation in accordance with all planning conditions, which have been 'signed off' as all conditions met. However, we are now being threatened with an enforcement order to erect a fence to delineate the residential curtilage from the (1 acre) pasture land beyond - a requirement to erect a 1m post and rail fence approximately 3.5/4 metres from the main aspect of the house - completely ruining our outloook. I was told originally that this was because the planning officer judges the grass to be 'too short' and could be mistaken for garden (although there are no paths, plants, water features,ornaments etc - just plain grass). The grass is cut to its highest setting and the land is almost all weeds - if it is not cut they would be waist high. Now the Enforcement Officer is saying that it is not so much the height of the grass as the fact the residential curtilage has no boundary with the pasture beyond and could in time be claimed as garden. There has never been a fence to delineate the areas. Original planning conditions made no mention of such a fence or length of grass and indeed it would have had a significant bearing on whether we bought it or not in the first place if they had. Surely it cannot be right that they can impose this planning condition restrospectively?
Thanks for that Leslie, excuse my ignorance but what is an LDC? Is that usually readily granted? Also, why do I have to put anything, given that no requirment/conditions were placed when planning was given? I did offer to put something like a covenant in the registered Land Title to the effect that it would always be considered non-redsidential, but that was rejected. thanks
Anyone have any other comments, what is an LDC...would they not require a fence as a condition? Again the fundamental issue is that when they gave permission for conversion they knew the aspect and boundary curtilage between residenial and non residential land and they didn't impose any condition for a fence. Surely they cannot now impose such a condition retrospectively.? thanks
Have you spoken with the enforcement officer as Les has advised. If not, do so. The planning authority has no grounds to require you to erect a fence if things are just as you say.
I have been in constant touch with him and local councilors (who are supportive of my situation). The local authority is also quoting a similar (they say) case in Tewkesbury in 1991 and gave a summary of that situation. When I asked for the full reference so that I could evaluate they could/would not give this...just stated that all they need to show is that another Council made an enforcement. Martin - are you a planner/enforcement officer? Is there anywhere that I can catigorically show to state that retrospective planning conditions such as this is not legal? Is this something I can fight on my own? I am loathe to pay for a planning consultant - and feel why should I when I have done nothing wrong. Unfortunately my home legal protection option does not cover local authority disputes. Thanks
Yes I am a senior planner in enforcement. I would have thought you could argue the case yourself. The starting point is what is the breach of planning control?
Hi I would have thought that the starting point was what area of land was shown on the approved plans as the residential curtilage ( garden if you like) of the dwelling.If it showed the whole area of the site ( paddock and all ) and there was no condition to the contrary , then that is the "garden". Nothing the council can do about that. I suggest that you write formally to the council ( the Head of the Planning Service marked "confidential" should do the trick!) confirming the position ( if it is ) and sending a copy of the approved plans and the decision notice, and saying that you have no intention of mowing any of it or erecting any fences,and asking them to confirm in writing what exactly is the breach of control that they allege and why . If they do issue an enforcement notice ,which I suspect would probably have to be approved by the committee in any case, then I would have thought you would win the appeal and probably get costs as well...good luck!