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Check out that 'dream home'

Jul 24 2010

Planning expert Tim Wheeler looks at why our visions of a countryside home may not be as straightforward as we think.

by Tim Wheeler, The Journal

 

MANY of us aspire to make a move from the urban environment to the countryside. Perhaps the notion that making such a move will deliver a better lifestyle is part of our national psyche.

We also place a lot of importance on protecting the countryside from harmful development, through National Parks, Areas of Outstanding Natural Beauty and local planning polices which aim to prevent urban sprawl.

But it would be wrong to think that the planning system prevents all development in the countryside.

For a start, there are some operations that can be carried out without planning permission at all, such as the location of mobile structures and farm machinery.

Some agricultural buildings are subject to ‘permitted development rights’, which might require prior notice to be given to the local council that a building is to be erected, and some discretion over the design, but not much more.

Other activities that can cause concerns include things like clay pigeon shooting and motorcycle scrambling.

These can normally take place on land without planning permission for 14 days in a calendar year.

Most other temporary uses can take place for 28 days without planning permission.

Public Rights of Way will often predate planning permission for new housing, and unless legal procedures can be successful in obtaining a diversion, the right to pass unhindered over land will remain, regardless of ownership.

Housing development on the edge of most villages is strictly controlled, but there can be exceptions.

The pressing need to provide affordable housing for local people can rightly lead to exceptions to the normal policy of constraint.

As with any property purchase, it is essential to take proper advice on the planning restrictions that apply.

In the case of post-war residential properties in the open countryside these could even include a condition tying the property to agricultural worker use. As ever, you should make very sure of these and other such matters before you purchase that dream cottage.

:: Tim Wheeler is a Senior Planner in the Property Department at Ward Hadaway Law Firm in Newcastle. He can be contacted at tim.wheeler@wardhadaway.com or on 0191 204 4258.

 

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