Hi, I am looking for some help and advice. I am currently going through the planning process of building an off grid cabin on my land. I have a large garden which scales onto a hill and it surrounded by a 4 foot tall hedge, all of which I own. My plan is to build the off grid cabin on flat ground underneath the hill; it is set back away from all the houses in the surrounding area and hidden behind my hedge. On approaching the planning commitee they have told me that my land 'lies out of the planning development area of the villiage'. There is development around this area of land so I am finding it hard to understand why this piece of land cannot be developed on. It is sheltered and building would not cause any major disturbance to local residents. Has anyone dealt with a similar problem and can offer some adivce? I would greatly appreciate it.
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Hi I know this was a while back but I haven't been on for ages. First, the planning commitee is talking kak.
I read no requirement (or Guidance) that huts must be away from development, or in a prescribed development area and no requirement that they not be on ground on the same Title as a residence. Your hedge is irrelevant. You have the legal right to do what you wanted to do even if the neighbours see your hut. There is no legal right to maintenance of a view, only a legal right to light and it does not sound like you were shading. The planning depts (and committees) are scared of huts becoming a free-for-all is all and they are either bullying or ill-informed or ignorant of legislation. My experience is that natural for them to try and bully but they are, also, ill informed and ignorant of legislation. Some of this is because "huts" are no common (yet) so they have little experience.
If this land is on your Title then what you have done is put in a "caravan". I believe this is Permitted Development: You have the right to do this without planning consent unless in a conservation area. A caravan has a definition in law (from memory, 60ft x 20ft and moveable around site in no more than two sections. Moveable can be drag, lift, wheel. A caravan does not require wheels).
If you had built a shed (and put a bed in it) on your Title then that, too, is Permitted Development if it is within a certain size.
If your land is registered as forestry then you have the right for 3 caravans as General Permitted Development. They can be used (lived in) for the season whilst working on forestry activities. A season is anything less than a year. Forestry work is anything related to forestry. The forestry activities do not have to be on the same site.
If your land is registered as agricultural then you have the right for 1 caravan but (from memory) shorter season and more rules.
On their "refusal" your planning authority (you really should post that at least!) has to comply with NPF4. NPF4 requires, in law, a positive consideration of huts by planning. Prior to NPF4 they had to include huts (building type 23A) in their local plan which had less legal strength. I went through all this, and more, with Argyll. They lost the Appeal. See my previous posting. I refused to back down and just plonk in a pink caravan (it is forestry, I have this Right).
To support 1000Huts we should not give in to their bullying and ignorance.
My advice from my experience....
Do not seek advice from them: committees and planning officers will find a way to say No (Area Capacity Evaluation being their catch-all tool)
Put in an application ensuring it meets the Guidance for a Hut and keeping your site as no larger than the hut plus 1 metre around it. Show no paths, no roads, no trails. When asked about access point out the nearest train station and a photo of your bicycle. Keep it 60m from water.
You have no obligation to site your hut so it cannot be seen. Site it to get a view - Why not?
State, clearly, it is Building Type 23A
Use the word Hut in the application Title
If possible, copy a successful application as much as you can (I did, almost word-for-word but still had to go to Appeal)
Cite other successful applications and Appeals.
If they refuse to Validate your application due to something they find objectionable stick with it and tell them to Validate if you are sure of your design and you meet the guidance. I had this ruse tried on me. They had what seemed to be the office junior call me. She had an angry Scotsman (sitting in my Suriname treehouse) tell them to send a formal response stating which legal requirement my application fails on such that it cannot be Validated. What they were doing was not "Validating". They were "Pre-Judging" and saying it will fail as it needs parking next to the Hut. As my Appeal showed: it did not. They wanted me to do this so I added a road / access and then they would Refuse based on that being Over-Development for a Hut (even though Guidance does not exclude such just asks it be minimised). Be careful.
Refuse to allow them to change it to Residential or any other class: it is a Hut, it is Type 23A
Do not withdraw it when they say they will Refuse: let them state the Refusal reason (sorry, I know this costs you by possibly delaying 3 years and paying to re-applying but this helps us all by getting it in public domain)
Correspond only by email and let them visit site on their own
When no Decision has been received after 8 weeks IMMEDIATELY (ie the next day) submit an Appeal to Gov (not local committee appeal). Have your Appeal ready the week before No decision at 8 weeks is considered a REFUSAL and has greater rights than them actually refusing. Do nothing to cause a delay beyond 8 weeks but do allow them an extra week or so if they ask. Do not indicate EVER that you know your Appeal Rights.
Dang, I should post that separate.....
Regards Mark