polytunnel law

[cornykev]

Best of luck Scousers. 

[manicscousers]

ta, chuck..we're waiting to get it in writing 

[Robert_Brenchley]

If you have polytunnels for five years, it'll probably be a doddle next time round and you can go for permanent permission. I don't know the law on temporary pemission, but normally, if something's been ther for four years, it's too late for them to do anything about it.

[manicscousers]

this is the e mail from N.S.A.L.G. he had to give up when he rang, said it was like 'banging my head against a brick wall ' 

Planning permission for Polytunnels on allotments is not required.  You should advise the Council that "the use of land for allotment purposes does not require planning permission because that use falls within the definition of agriculture in the TCPA 1990 - see Crowborough Parish Council v Secretary of State for the Environment & Wealden DC (198043 P & CR 229, DC)'. Section 336 Town and Country Planning Act 1990 states in words of few syllables that 'agriculture' includes 'horticulture'   

 

Section 55 (2) (e) Town and Country Planning Act 1990 states that planning permission ,is not required for .buildings occupied together with land used for agricultural (horticultural) purposes.  It follows that planning permission is not required.

 

This is confirmed by the abstract of page 289 'Local Council Administration' 6th edition 2002 Arnold-Baker and Clayden, published by Butterworth ISBN 0 406 952981.

 

 The use of land for agriculture and the use of buildings occupied together with agricultural land is not to be taken to involve development, for which, therefore, development permission is not necessary. This makes development permission for allotments equally unnecessary.

Structures not covered by this rule’s are permitted development.

 

[This is footnoted by reference to ss. 55 (2) (e) and 336 Town and Country Planning Act 1990,ancfTown and Country Planning (General Permitted Development) Order 1995 – SI 1995/418].       

 

 Part 6 Town & Country Planning (General Permitted Development) Regulations 1995 which talks in terms of planning permission not being required for agriculture (which, it will be recalled, includes

 

horticulture - section 336 Town and Country Planning Act 1990) buildings. This is again confirmed by the abstract from ‘Local Council Administration'.

 

Sorry for all of the legal  jargon but this should convince the Council that Planning permission is not required.  .

 

[matgill]

hi all the fact that the polly tunnel is temporary is irelavent. i have recently been through this isue while installing two polly tunnels for projects i am undertaking. the need for planning depends on the hight and the square feet so if its large you will need planning permision. its not good news but better safe than sorry

[manicscousers]

hiya, matgill, welcome to the site 
well, it's come through, as we were told, we have 6 months to paint the fence, inside and out, 8' high, in this weather !!, here's hoping for a dry winter (yep, as if )
the polytunnels are official, after 5 years, we have to a/take them down or
b/ re-apply for pp.
when the time comes, all the rules may have changed, anyway 

[Old bird]

Well great news - a bit of a bummer with the painting fence etc.  But at least you can get the tunnel up and running.  Brilliant.

When they see how well it works they won't ask for it to come down anyway.  Too much like hard work and when something is up there is much more argument for them to leave it and ignore it than to go through the bother of making you take it down again. 

Well done it sounds as you are well sorted on your site now!

Old Bird

 

[manicscousers]

we're half way through building raised beds for the less abled in the community, shame the council took £210.00 of the money for it, we're having to wait to get soil 'til we get more funds 
still, the rest of the site is getting really good now, 5 on the waiting list and we only have 12 plots/half plots 
we'll try the brighter borough fund to top up 

[appelpear]

We have a polytunnel 18' x 30' on our allotment, we obtained permission from the parish council.
You do not need planning permission for a tunnel for the following reasons

Planning permission for Polytunnels on allotments is not required.  You should advise the Council that "the use of land for allotment purposes does not require planning permission because that use falls within the definition of agriculture in the TCPA 1990 - see Crowborough Parish Council v Secretary of State for the Environment & Wealden DC (198043 P & CR 229, DC)'. Section 336 Town and Country Planning Act 1990 states in words of few syllables that 'agriculture' includes 'horticulture'   

 

Section 55 (2) (e) Town and Country Planning Act 1990 states that planning permission ,is not required for .buildings occupied together with land used for agricultural (horticultural) purposes.  It follows that planning permission is not required.

 

This is confirmed by the abstract of page 289 'Local Council Administration' 6th edition 2002 Arnold-Baker and Clayden, published by Butterworth ISBN 0 406 952981.

 

 The use of land for agriculture and the use of buildings occupied together with agricultural land is not to be taken to involve development, for which, therefore, development permission is not necessary. This makes development permission for allotments equally unnecessary.

Structures not covered by this rule’s are permitted development.

 

[This is footnoted by reference to ss. 55 (2) (e) and 336 Town and Country Planning Act 1990,ancfTown and Country Planning (General Permitted Development) Order 1995 – SI 1995/418].       

 

 Part 6 Town & Country Planning (General Permitted Development) Regulations 1995 which talks in terms of planning permission not being required for agriculture (which, it will be recalled, includes

 

horticulture - section 336 Town and Country Planning Act 1990) buildings. This is again confirmed by the abstract from ‘Local Council Administration'.

 

Pasted from <http://www.allotments4all.co.uk/smf/index.php?topic=42858.20>

[manicscousers]

we tried it, N S A L G tried it, didn't work and it would've cost too much to take them to court..they've given us 5 yr temporary planning..I might not be there when it comes up for fighting again