Do I need Planning Permission to use a paddock or field as part of my garden?

on Friday, 15 May 2020.

Do I need Planning Permission to use a paddock or field as part of my garden?

If you live next to a parcel of agricultural land, paddock land or a field and would like to use it as part of your garden or for other domestic purposes, you will require a planning application and planning permission.

This is because it constitutes a material change of use, as set out in section 55 of the Town and Country Planning Act 1990. Whilst garden land provides outdoor amenity space for the enjoyment of the occupiers, agricultural land relates to land for both crops and livestock. Paddock land could be defined as a small parcel of land suitable for horses and grazing. Consequently, if you do change the use of land and extend your garden into a field without planning permission, you are likely to face Enforcement Action from your local Council.

Whether you are likely to receive planning permission depends largely upon the impact that the paraphernalia associated with domestic use (sheds, washing lines, etc) will have upon the countryside and the wider landscape character and how well the area proposed to change use relates to the existing settlement. Furthermore, there may be other constraints to deal with, such as the Green Belt.

Atlas Planning Group have successfully attained several planning permissions for the change of use of agricultural land to garden land, along with paddock land conversions. Most recently, we have achieved planning permission for extending a garden in the Green Belt. Our client’s garden backed onto a disused field and therefore, wanted to change its use so that they extend their garden. In addition to creating more useable outdoor space, the change of use would also make their property more valuable.

Due to the site’s position in the Green Belt, we had to ensure that the openness of this designation was preserved in line with planning policy. There was also concern that the site was of ecological importance. Atlas Planning Group, therefore, arranged for an ecologist to visit the site to make sure that no harm would arise from the change of use of the agricultural land. The findings of the ecology report, along with our robust arguments in favour of the scheme were set out in our Planning Statement. We also provided appeal precedents to the Council, demonstrating how the proposal accords with both local and national planning policy. These arguments very beneficial to the Officer at the Council when assessing the scheme. The Officer agreed with us and approved the development.

In addition to this change of use in the Green Belt, we also received retrospective planning permission when our clients extended their garden into a field without a planning application. The team here at Atas Planning conducted a visual impact assessment to demonstrate that the proposal would appear as a natural rounding off of the settlement, and due to the general topography of the area and lack of Public Rights of Way in the vicinity, it would not be visible in the wider landscape. We further examined historic aerial photos to show that the change had occurred c.10 years ago, so it was arguably lawful.  The Case Officer agreed with our assessment, granting planning permission within the standard 8 week determination deadline.

Atlas Planning Group, therefore, has a lot of experience with agricultural and paddock land change of uses. If you would like to see what you can do with your paddock land or a field and are considering a change of use of to create additional garden space.

Why not get in touch with our team to discuss how we could help you achieve this?

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