Author Topic: polytunnel law  (Read 24691 times)

manicscousers

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polytunnel law
« on: June 11, 2008, 19:34:12 »
I think it's something and nothing, but
our site is on land the club lease from the council, we have their permission to put up the polytunnels, someone has said we need planning permission from the council to put one up  :o
surely, they are not as permanent a building as a greenhouse or shed, they have no footings either,
I think some nit-picking person who won't come and talk to us is trying to make trouble but I thought I'd ask all of you what you think  ;D

davyw1

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Re: polytunnel law
« Reply #1 on: June 11, 2008, 19:41:25 »
You are right in what you say you do not need planning permission for Pollytynnels, greenhouses or sheds as they are not perminent structures
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kt.

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Re: polytunnel law
« Reply #2 on: June 11, 2008, 21:02:55 »
I would agree that they are nitpicking too.  Check with your council if you are concerned.   Don't mean to beat on the down side, but Just keep an eye on poly-tunnel vandalism when they are erected :-\
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manicscousers

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Re: polytunnel law
« Reply #3 on: June 12, 2008, 18:14:14 »
well, here's a thing, someone complained about our fence and polytunnels to the environmental people, they HAVE to follow it up and we DO need planning permission, we have until JUNE 20th to get outline planning in  :o >:(
when talking to the person, she told us someone has accused us of growing 'all sorts' so it has to be investigated
watch this space  ???

Barnowl

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Re: polytunnel law
« Reply #4 on: June 13, 2008, 09:18:04 »
Just because the environmental people say so doesn't mean it is true! They aren't lawyers and will naturally incline towards interpreting  matters in a way that suits their and/or the Council's agenda.
 
There was a landmark legal case a couple of years ago that established that planning permission is necessary for polytunnels, but that only applied to large scale covering of the countryside (we're talking about in excess of 450 square metres here) - particularly in scenic or designated areas. I'd be surprised if that applied to your site even if you are in the middle of a conservation area. I reckon one of you should make a trip to the Citizen's Advice Bureau.

manicscousers

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Re: polytunnel law
« Reply #5 on: June 13, 2008, 09:21:02 »
thanks, barnowl, that's a really good piece of information  :)
we're members of the national association so will be contacting them today,
will let everyone know the outcome  :-\
« Last Edit: June 13, 2008, 09:26:37 by manicscousers »

kt.

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Re: polytunnel law
« Reply #6 on: June 13, 2008, 09:39:46 »
Could be somebody wanting to try to get rid of the allotments?  ???  Or a disgruntled ex allotmenteer who has been kicked off?  >:(
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manicscousers

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Re: polytunnel law
« Reply #7 on: June 13, 2008, 09:42:36 »
no idea who it is, but it's giving me headaches and pushing my blood pressure sky high, Ray suffers from anxiety and depression, you can imagine what it's doing to him   >:(

Isleworth

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Re: polytunnel law
« Reply #8 on: June 13, 2008, 10:15:01 »
Hi Manic,

I hope you manage to sort the problem out... without having to remove it! Defo try C.A.B. for advice as Barnowl said.


Seems polytunnels are becoming a real hassel for allotment owners and farmers  :(

There has been a lot about them recently in the press regarding planning permision:



&

http://news.bbc.co.uk/1/hi/england/southern_counties/6184465.stm



All the best,

IsleworthTW7


P.s. Someone has built the chap who is fighting the council over his plastic greenhouse a website if anyone's interested:  http://www.savejimsallotment.co.uk
« Last Edit: June 13, 2008, 10:36:27 by IsleworthTW7 »

manicscousers

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Re: polytunnel law
« Reply #9 on: June 13, 2008, 17:33:28 »
thanks, Isleworth,
 been on and off the phone all day, the planning officer reckons we don't need planning permission, the environmental person, (M/S) says we do, we have all the documents now, will have to ring again on monday as the forms criteria don't seem to fit into our situation
wish I'd studied law in school  ::)
so, on the phone to nsalg on monday, see if they can make head or tail of it, if we do need pp, it's 70.00 per polytunnel  :o

SMP1704

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Re: polytunnel law
« Reply #10 on: June 13, 2008, 19:54:21 »
Manics

This brings to mind the saying about the left and right hand ::)

I would be inclined to go with the Planning Officer and then ask the person in Environment to specify in writing the grounds that they think you need planning permission and do nothing with the forms until you have that.

This sounds like Environment is acting outside of its authority and possibly this person is confused between permits to build and permits to grow things like GM crops (based on the comment they you 'grow all sorts') - so my advice is do nothing until you have some in writing from Environment - I bet they won't put it in writing.......

Keep us posted.

manicscousers

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Re: polytunnel law
« Reply #11 on: June 13, 2008, 20:35:41 »
she says she's working under different rules, town and country planning and she's right and he's wrong !!!..anyway, we'll be in touch with him monday, he seems like a nice feller. he was the one we saw when the club took the land off us and put in a co-decil that we had to have land for allotments,we're having a council of war tomorrow  ;D

Robert_Brenchley

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Re: polytunnel law
« Reply #12 on: June 13, 2008, 21:36:13 »
The Planning Department will be the experts!

manicscousers

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Re: polytunnel law
« Reply #13 on: June 29, 2008, 18:54:13 »
wish we had an emoticon tearing it's hair out  :o :o
got all the forms back, we have to :-
send a design and access statement
include the polytunnels on the proposal
check the AGRICULTURAL holdings certificate
provide elevation drawings of all polytunnels and fence, giving dimensions in a metric measurement
we have 'til july 17th or the planning enforcement becomes involved  ??? ???
I'm sticking the National Association on them

Old bird

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Re: polytunnel law
« Reply #14 on: July 02, 2008, 10:39:36 »
Hi Manics

There was some talk a couple of years ago when I got my polytunnel and had all that hassle with mine.  I believe that there was some law in early 2007 re the need for pp for polytunnels and I was panicking a bit as that could have been another nuisance for me - luckily the objector didn't pick up on the planning issue.

What a pain working out all the dimensions all for a piece of paper!

Good luck with it - I am sure that common sense will prevail - what the heck are the environmental people doing getting involved in that - surely they have bigger issues to cope with?

Old Bird

 >:(

manicscousers

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Re: polytunnel law
« Reply #15 on: July 02, 2008, 12:24:06 »
we've been in touch today, basically the case has been passed from pillar to post, without details.
The person who is now dealing with it wasn't told the plots had been there for 40+ years, we still have to get planning for the fence and he wants details of all the polytunnels, not drawings.
So, that's a relief, just have to get everyone to give a hand measuring at the weekend  :)

ceres

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Re: polytunnel law
« Reply #16 on: July 02, 2008, 12:49:34 »
They're certainly giving you the runaround, but that sounds like a much more reasonable approach.  Hopefully you won't have trouble getting planning for the fence. 

manicscousers

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Re: polytunnel law
« Reply #17 on: September 05, 2008, 10:30:31 »
ok, update on this case, the neighbours were sent letters, they had 'til 15th august to protest, no complaints, the decision date was 3rd september so we rang this morning.
The fence must be painted dark green, that's a lot of paint and will have to be done by hand as people have crops growing inside  :o
they will only give 5 year temporary planning permission for the polytunnels as they are temporary 'buildngs'..then we must apply again and pay 80.00 (price at the moment), per tunnel..that means all of us with our own must pay this and apply for permission again, still, the skin will be no good after that and I may not be here.
so, a result, of sorts  ;D

ceres

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Re: polytunnel law
« Reply #18 on: September 05, 2008, 10:36:17 »
Like you say, a result of sorts.  If none of the neighbours complained, who made a fuss in the first place?  Weird.  Anyway, glad it's sorted.  Ask around DIY places/builders merchants etc and see if you can get a donation of paint then organise a communal paint-in.

manicscousers

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Re: polytunnel law
« Reply #19 on: September 05, 2008, 11:09:25 »
luckily, it's our quarterly meeting tomorrow, we have lots of new, resourceful people on the site who work for, and know, firms who could help, good idea, ceres, thanks.
it'll have to be communal, there's lots of fencing and it's got to be inside and out  :o ;D

 

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