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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22522
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Customer Question

I own a piece of land which is classed as greenbelt allotment land. We are farming the land at present and will have chickens and goats shorlty. However, we want to move onto the land and live there nearly full time. We want to live in a Yurt. The Yurt itself would not require planning. However, how do we get around the change of use planning requirement? We would still be primarily using the land for an allotment. However, we want to live there too.

There is also water next to the land. How do we find out who owns the pond and could we live on there if we bought it?

I would really apprecitate advice on this.
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.

There is no getting around change of use, it needs PP just as a caravan would.

The same applies to the pond land.

If it is registered then a search of index map on form SIM with large scale OS plan at HM Land Registry will come up with title number from which you can get deeds and owners details.

If unregistered, you have to ask around and knock on doors.



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Customer: replied 4 years ago.

Hi,


 


Thank you for your advice.


 


The land is currenlty registered.


 


Are you aware of how we can find out who owns ponds?


 


With regard to the planning application, are you aware of any sucessful planning applications with circumstances such as ours? Further, once we have the animals, we will need to stay at the land overnight because we will need to be able to tend to them and protect them from vandals (due to their being a rise in vandalism in the area recently).


 


I note that the allotment act 1980 allows for a dwelling on an allotment of not less than 1 acre. Would this suggestion that dwellings are permitted but only in circumstances whereby the allotment land is large enough, assist in our application. Our land is just over half an acre and is compltely separate piece of land with road access.


 


If we were to move onto the land without planning, what would be the procedure for Council to take legal action. How long would this take?


 


Are you aware of the rules regarding temporary accomodation? If we were to live elsewhere for 28 days of the year, would this be classed as temporary accomodation and not a change of use of the land?


 


Sorry for the bombardment, but this appears to be somewhat of a grey area.


 


Kind regards,


 


 

Expert:  Stuart J replied 4 years ago.

The planning issue and ownership issues are different. I cannot answer the planning issue in depth so will opt out. The ponds are owned by whoever owns the fields. I have answered that already.

Customer: replied 4 years ago.


Hi,


 


Thank you for your quick reply and honesty.


 


Please can you open up my questions to a new expert who deal with planning law and applications.


 


Kind regards,


 


Emma

Expert:  Stuart J replied 4 years ago.

It has been open to all experts for a day now. As questions usually get snapped up in minutes everyone else has the same problem. We get no credit for answering only half the post which is why it is likley to wait. Another question like this in two totally seperate areas of law waited days unaswered.

I suggest that you post as 2 seperate questions

or agree that this is just regarding the land and post a new planning question. As I said, I can deal with the land which I already have done but not planning

Regards.

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