Help with this tricky one

Hi all,

So things have been progressing very fast here with the land, we had a digger in today to level the whole field. We are about to set up a poly tunnel but before we do.... do we need planning permission?

The field is listed as a field with prior agricultural use. It's 0.6 acre's

Lastly, the area we live in is considered an area of outstanding natural beauty I feel that that may hamper plans for a tunnel? even a little one?

Cornwall council wont offer advice unless we pay for it... so that's out the question. I'd rather give it away than to them.

What's all your thoughts?

 

Could be tricky, do you intend to trade from your site?
If its not for commercial use, merely for ancillary use of your garden,then probably not.
Normal exemptions are not in front of building line, not above 2.5 height, not within 2m(?) of boundary
One matter to consider is whether you can truly make it temporary, ie no foundations, remove the cover for part of the year, move it around the plot, place it within the domestic curtilage etc.

There is the question of whether you need 'change of use' from agricultural use to adopt land into garden, I have read of cases where planners take a view, contrary to what may be good sense.
https://democracy.thanet.gov.uk/documents/s70314/A03.pdf
There is caselaw relating to agricultural tunnels, www.casemine.com/judgement/uk/5a8ff74e60d03e7f57eab11d
being a classic .

The other approach is JFDI
Be nice to the neighbours, join the Parish council, invite the Vicar to tea, sort of thing

 

No trading from site. Just for our use.

We have such a large plot of land that a bigger poly tunnel is so easy to achieve now the land has been flattened.... believe me when I say I am in the JFDI club.... especially when this village is full of second home owners selling out and buying their way out of all agricultural protections on the land. EVEN more so when we just want to grow veg for ourselves but there is all this bloody red tape...... (save that rant for another day)

This is the clincher... the neighbours of the field are good good friends of ours and are so on board. It's the people we rent the land from are not so keen on us doing it without breaking any laws... Which is entirely fair enough and I respect that. They're good people and have been so kind to us for letting us the field. Cornwall council have all these rules and they are some greedy when it comes to money....

So we don't know what to do. It's put a sour taste in the mouth. Can we still have chickens or do we need permission for them too?

 

Definition. "Agriculture encompasses crop and livestock production, aquaculture, fisheries and forestry for food and non-food products." Wikipedia.
Guess it could be argued chicken rearing is agricultural therefore no issue. Perhaps your polytunnel could be a material provision of enclosure of free ranging poultry, in the event of further lockdown Defra requirements viz Avian flu. ; and the provision of fresh vegetation for said poultry protected from contamination by wild birds.Nets on doors.
This vegetation would of course be sampled by yourselves as required.
Similarly, market gardening (small scale production, to research and develop) would be agricultural. Fruit trees, soft fruit, rabbit rearing( ! ) would be agricultural
Use for leisure ,rosebeds, sunbathing, ponies, pets, parties,etc maybe not.

 

A further thought. Although you are unlikely to need to obtain this, to corroborate evidence that you ' intend to farm ' this land, you might consider getting a County Parish Holding number from the Rural Payments Agency, as you would if you kept 51+ chickens.
www.gov.uk/guidance/register-land-you-use-to-keep-livestock#apply-for-a-cphnumber
Refer to it as your Smallholding. There is no minimum size.

 

We have all decided to just go for it. The neighbours are all absolutely fine with it and are happy to see the land getting used We will keep it relatively small for now.

Thanks all for your help

 

Hi Kgbow, this is the answer I got from Bard:

In the UK, people generally do not need planning permission to erect a polytunnel in a field to grow their own vegetables. However, there are some exceptions to this rule, including:

• If the polytunnel is over 4 metres tall.
• If the polytunnel is within 20 metres of a road.
• If the polytunnel is over 2.5 metres tall and is within 2 metres of a boundary line.
• If the polytunnel juts out further forwards than the front of the house.
• If the garden structures already take up more than 50% of the land around the house, or the polytunnel will take this built-on area over the allowed 50%.
• If the polytunnel is in a Conservation Area or Area of Outstanding Natural Beauty.
• If the polytunnel is on an agricultural holding of less than 5 hectares.

In these cases, planning permission will be required.
Cornwall planning used to give free advice but now you have to fill in a 'Do I need form' which can cost more than the actual application for PP. This is because they do not get paid from Council Tax and have to fund themselves. Go figure!!

 

ps. If you get caught out it is possible to get retrospective PP.