Ian Walmsley

I would recommend speaking with a solicitor. It doesn't sound like they have permission as described, but then I am not a legal person.

Likely to require a change of use. Unlikely to work with a certificate of lawfulness. However you have the right to object and ask your elected representatives at the town and/or borough Council to act on your behalf. And perhaps members of the planning committee at the respective local authority.

They do seem to contradict each other! Planning is not usually concerned with covenants. However I think you are fine. The covenant, I think, is blocking the owner from letting the residence out to others. However I have not seen the full planning history or the title in full. There may be other elements that affect the use. If you are concerned, please book a Zoom session with myself via https://planninggeek.co.uk/book

Sorry for the delay in approving. This is unlikely to be development and so you can go ahead. However, you will require freeholder consent and building regs.

Permitted development is likely to apply unless there is an Article 4 or previous planning decision blocking it. However what you are proposing is not permitted development and therefore full planning would be impacted by the buffer zone.

Sorry for the delay in approving the post. If it has planning permission and no restrictions on opening times, then there ought to not be any issues. It might only become an issue if environmental health get involved due to say noise etc.

If it has been operating for a number of years then it may be beyond enforcement. It might be able to operate under C3, but more likely to be C2. A certificate of lawfulness will only work if it is deemed to be C3. However they are likely to be limited to 6 people including staff.

Fencing comes under Part 2 of the GPDO - no real limits unless rights have been removed via an Article 4 or previous planning decision. https://gpdo.uk/fences Depending upon the agricultural unit size, you may need planning or PD for the other items. Please feel free to reach out to us if you need any further assistance. https://planninggeek.co.uk/contact

Sorry for the delay in approving. There isn't any requirement to be a certain distance from a railway line. Or not in permitted development etc. However there will be other legislation which may limit the distance for oversailing of the line for example with a crane.

Hi, Some of the buildings will be beyond enforcement, unless there is active enforcement on the site. It is very hard to say what might be able to be regularised and what can't. Yes you could do nothing, but if enforcement is still live from a number of years ago, this could be actioned at any time. You are likely to get some if not most regularised through passage of time (subject to any enforcement) - but this will probably be complicated for all concerned in undertaking that. If you are confident in doing a certificate of lawfulness, then you might opt to go ahead. But you will need proof of age in the buildings. I would very much doubt you will need to flatten the entire site. If you need any further assistance, please reach out via https://planninggeek.co.uk/contact

You do not have any restrictions as far as the green belt is concerned. So providing you are not in a conservation area, you can add a dormer, extensions, outbuildings etc. However for the expansion of the house, this would be on the original walls. If extensions already exist then if you extend those, the resultant extension must still comply with permitted development. If you need any further clarification, you might wish to book a Zoom session with myself and we can talk through your property as to what you can do under permitted development. https://planninggeek.co.uk/book

Thanks for the message. I would probably say that this is incidental to the building use. There is no difference to someone sitting in a chair etc. They are not using it for residential use, and are working through the night looking after the systems. I do not think it is an issue, but if it becomes one and you need our assistance, then please contact us.

Thanks for the message. As it is a breach of condition, it is likely to be a 10 year period as opposed to 4 years. If the outbuilding was erected under permitted development, Class E, then it may well have been 4 years.

Hi, Provided that it has existed for 10 years, then it may well qualify. The new rules can be found here. If you need any assistance with the application, please let us know.

Hi, I have looked for appeal cases where an agricultural unit has been split, but I have been unable to find one. Provided that the land is ni different ownership and the application complies with the GPDO, then it may well be fine. If I do come across any relevant appeal cases, I will advise you.

Hi, As it is a breach of a planning condition, I'm afraid that this is a 10 year period. You will need to apply for retrospective planning permission. If you would like a fee proposal for this, please complete the form here. I am sorry that this is not better news.

Did it get validated and put onto the local authority portal? I would have to say that this has not yet been given prior approval. However, if you do not get any further communication you can go ahead after 56 days as per the legislation in Class BC.3(5)(b)

Hi, I have not undertaken a check on every local authority, so I can't be sure. Most will not have the local plan updated to prevent this. But some do. The other factor is whether the proposal would result ina material change of use if it had the potential for significant planning consequences. This might occur when other policies exist for retention of dwellings with say housing targets. You could always submit a certificate of proposed use or development to see as to whether the amalgamation is lawful in Waverly.

Not easy no, and the issue is that having spoken to the local authority they will be aware of your plans. I'm afraid unless you have a reason for being there, you will not get permission. Having a reason is the hard part and this is where you will fail. Sorry this is not good news.

Unfortunately we don't know. It could be this month or next. My guess is over the summer. Unless they decide to time it after the main summer period. The problem is that time is running out for this government before the election. If it is an autumn election, that will limit the time to bring it live.

This is correct. It is in the transitional arrangements. Unfortunately other sites often lack accurate information. You will not however benefit from extensions or the ability to exceed the current building by 0.2m for cladding or other items. If you need any further assistance with the application please complete the form at planninggeek.co.uk/quote Our consultants are experienced in submitting Class Q applications.

Hi, It would probably be possible to get additional planning to run the activities This would not remove the current use class. It would be for Use Class E(f) to add the day nursery. If you would like us to apply for you, please complete the form at https://planning geek.co.uk/quote

If it falls within the description of a caravan (as defined by the Caravan Act 1968) then its siting within the curtilage of a dwelling and used for ancillary accommodation then it shouldn't need planning permission. Whether the kitchenette pushes it over from ancillary, I am not sure. The lack of washing machine wouldn't affect the definition as it isn't required for living.

You will require planning permission to change the use. No other way around. Once you have found a suitable location, we can assist you with the planning.

The 4 year rule doesn't apply if you have permission granted under Class Q as long as you complete within 3 years of the decision notice. Unless I have misunderstood the question