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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69536
Experience:  Over 5 years in practice.
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The owners of the field adjacent to our property changed the

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The owners of the field adjacent to our property changed the field from agricultural to equestrian use only. They have stables and a menage, which we don't have an issue with, but they are also using it as a massive vegetable garden which is approximately halfway (72ft by 8ft) along the length of our boundary fences right next to our garden. It causes our dogs to bark frantically and is an invasion of our privacy that is having a massive effect on our enjoyment of our garden. Do they have the right to mix agriculture and horticulture use with equestrian use? And is there any chance they could get permission to do so?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did they apply for planning permission to convert half of it or all of it?

Why do the dogs bark because next door are growing vegetables?

Why is this an invasion of your privacy because it would seem that the equestrian use is more of a privacy issue than the vegetable garden?
Customer: replied 2 years ago.

According to the plans, they applied for all of the field to be equestrian use only.


 


The vegetable garden is an invasion of our privacy and cause the dogs to bark because it is right along our boundary fences and they are digging right up against them rather than using the field just for its intended purpose.


 


The question we want answered is: do they have the right to mix agricultural and horticultural use with equestrian use? We need to know the law on this.

Expert:  Remus2004 replied 2 years ago.
They applied for change of use and they got it.

I don't know whether you objected to that or not but once they have permission for change of use there is nothing that you can do about it.

You may have a claim against them in common-law nuisance but not if it is your dogs that are barking.
What they appear to have done is implemented half of the change of use and kept part of it as horticultural.

There is no absolute bar on that because they could have kept the whole field as horticultural.
Just because they have planning permission for change of use does not actually mean that they have to change the use.

It means that it must be started within five years.

You can always refer the matter to the planning department to say that they have breached the application for change of use because they applied to change the whole field do equestrian but have only changed half of it.

Of course they can say that all they have done is started to implement the change of use to equestrian within the five-year period and that they will change the other part within that period.

They can of course apply to vary the change of use so that it excludes the horticultural area

I'm sorry that this is bad news for you but that is the situation that you are in.

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69536
Experience: Over 5 years in practice.
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