Lavingham Planning Consultants

Planning and Development Specialists in Yorkshire and the North East

Rural planning

What do you know about Ag Tags?

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Not a lot? Then let us help you!

Some property on farmland has been restricted to Agricultural Occupancy (and have an Ag Tag) meaning they limit the use and occupation of the property to those employed in agriculture and were originally aimed at ensuring that the dwelling remains available to the wider agricultural workers community.

But the removal of an agricultural occupancy condition, or a certificate of lawfulness to regularise the non-compliance with it can increase the value of the dwelling by up to 30% so it is well worth considering.

We firstly look at what the circumstances are regarding the occupancy of the property to see if either route is appropriate for the Client.

The first route to addressing the ag-tag is by an application to the Local Authority to remove the condition from the original planning consent.

The Local Authority is only likely to remove an ‘Ag Tag’ if it can be proven that there is no need for the dwelling to be retained for agricultural workers’ occupancy.

Part of the way to prove this is to advertise the property for a period of between 8-12 months for sale at a realistic sale price.  At the end of that period if there is no interest in the property it is appropriate to have an independent market assessment carried out by a surveyor, taking into account the marketing exercise to demonstrate that there is not an existing or foreseeable need for the dwelling. This feeds into a planning justification statement on why the ag-tag condition is no longer appropriate.

The second route to achieve this is by applying for a certificate of lawfulness. Sometimes ag tag properties have not been occupied by agricultural workers for over 10 years, and where this has continuously happened and the Council has not taken any enforcement action against this, a Certificate of Lawfulness can be applied for to make lawful the occupancy of the house by non-agricultural workers. This does not remove the ‘ag-tag’ condition from the original permission but makes lawful the occupancy of the house by non-agricultural workers. Robust evidence needs to be provided to the Council about the occupancy of the dwelling to evidence the non-compliance with the ag-tag occupancy condition.

Is this something we could help you with?  Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

 

What are the benefits of using a professional planning consultant?

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Well we would know, so here is what we think!

Many planning consultants have previously worked for local councils or private planning practices – YES, we have, we have worked for over ten years in a Local Authority planning team as a Planning Officer and understand how your local council planning department works!

What else can we offer?

  • We like to get involved early in the process to view any plans and give our opinion on them to consider local council regulations and policies.

 

  • This could save a lot of money from the outset to prevent costs to redraw plans and other tweaks, or progressing a scheme      which the Council wouldn’t accept in principle.We can assess your current situation and ensure your necessary documentation is ready to go!

 

  • We can liaise directly with the planning department on the Client’s behalf and handle any Council requests and objections. Having one central point of contact can allow appropriate responses to be supplied to the Council and the Client being advised on what changes may need to be made to appease the Planning Committee.

Councils always request more information than you think, and a planning consultant can always be on hand to provide                    additional information in response to any additional questions.

By knowing the planning legislation and the rights of objectors and yourself as the applicant for the scheme, a planning                    consultant will handle your case on your behalf.

 

  • Handling your case at Appeal

If your development hits a snag and ends up at Appeal your planning consultant will become your point of contact and                      handle the whole process for you.

 

How do I know if my barn conversion will need planning permission or not?

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We are often asked many questions about planning permission, and unfortunately a Yes or No is not always the answer. Of course we would always advise getting professional support when submitting a planning application on a range of options.

One area we often speak to our clients about is ‘what permissions are needed for barn conversions.’

Here are some of the situations where your planned barn conversion will not be permitted development and will still need planning permission:

  • if it is in an Area of Outstanding Natural Beauty (AONB)
  • if it is a listed building
  • if it isn’t on an agricultural unit (e.g. if the barn is in a garden or paddock rather than on a farm).

Outside these rules, there are numerous grey areas to find out about.  We would be able to advise you on whether your planned conversion is permitted development or not.

Interested in finding out more?

For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

 

The planning process – What do you need to know!

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Planning applications have a ‘straightforward’ journey to approval. So they say….

For times where the path isn’t straightforward or even when it is, we like to help you to get there with the least amount of hassle, frustration, confusion etc etc etc.

Before you start on this journey, we wanted you to have a bit more background information about the planning process and how we can help.

Step 1 – Get professional plans drawn and your application completed, highlighting the positive aspects of your application. – We can help you prepare it and submit for you.

Step 2 – Once the application is submitted, the planning authority will publicise your application locally, and will notify immediate neighbours/businesses. – We can keep you in touch with developments in the application process and liaise directly with the planning team to answer any questions.

Step 3 – The public has a few weeks to comment on the application, to object or support it.- We monitor all public comments and gather additional information from the other consultees.

Step 4 – A decision is made on the application, usually within eight weeks of being submitted, on occasion it may be considered by the full planning committee on the recommendations of the planning officers. – We can attend the committee meeting with you or on your behalf, and present to the committee to answer questions.

Step 5 – Success, most planning applications are approved without issue, but if an application is refused it is important you get the right support and advice to see what your options are. If you wish to go to an appeal – We can be right by your side to provide additional information, and policy advice to get the best outcome from the Planning Inspectorate.

We can also provide our services from the other side, if you have concerns about a proposed planning application affecting you or your business?

We can help you to put across your objections in a concise way – don’t delay in getting involved.

If planning permission has already been granted, you have no right to appeal against the granting of permission, so don’t leave it too late.

We hope this helps you understand the process and how our involvement can make the process easier, positive and achieve the right result.

 For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.