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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 63924
Experience:  Over 5 years in practice.
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Does one need planning persion to have a portacabin on

Resolved Question:

Does one need planning persion to have a portacabin on skids in a field and what does the E.U. Law have to say about it?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Jo C. replied 5 years ago.
You dont need planning permission as its not a fixed structure.

But you do need to comply with health and safety etc.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 63924
Experience: Over 5 years in practice.
Jo C. and 3 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

I have sent another question in. I have paid a good faith deposit of £24. I am really thankful for your answer, but now have many more questions for you.
Thank you so much
Jean
Expert:  Jo C. replied 5 years ago.
You can ask follow up questions for free.

I'm not getting emails today for some reason though so there may be a wait.

What did you want to know?
Customer: replied 5 years ago.

I I did click the accept and I also filled in a questionair which said I had £2 off my next question. It also said I had paid £8.
I also put in the question and paid £24, so I am a little confused.

My question is:- I also have attached to the portacabin an all wooden structure on skids.
I have an inforcement notice against me, and have to go to court because they say it has got to come down, because I have not had planning persission. This is a green belt, but there are buildings, and even houses, in the surrounding fields.
Is there a written law, with a number of or some-thing I can locate to take to court as my defense.
























Expert:  Jo C. replied 5 years ago.
Not really.

It doesn't really work like that. They have to show that this is a structure which properly falls within the notice they want to serve.

Have they sent you anything like this?

Can you scan the enforcement notice?
Customer: replied 5 years ago.

My planner has the enforcement notice at present.

Surely there is a law that says I do not need planning permission, how else can I prove to them that this is law, as they do not beleive me. I did say before that I didn't need planning permission, but they insisted I did. HELP!!!

Yes they sent me a notice to pull the building down, and I tried with no avail to get a planner, which I eventually got, but not until after I received a notice that I had to go to court. Jean
Expert:  Jo C. replied 5 years ago.
This site gives you loads of guidance upon when you need planning permission

http://www.planningportal.gov.uk/england/genpub/en/

its good for detailed research.

When are you in court?
Customer: replied 5 years ago.

I have sent an e-mail to the site you have suggested, and will wait their reply.

The enforcement officer is accusing me of living there, because they saw a bed in the cabin. My husband is disabled and had to lie down for periods in the afternoon, on doctors orders. (We have a letter from the doctor), verifying this. He also has a machine which he has to use for his spine, and this is the only place we can use it, as there is no room where we live. We have taken the bed out .

We are in court 17th April. I will scan the enforcement notice to you as soon as I receive it back.

Is there a problem with what we are doing in having the structure on the field.
My heart is for teenagers, and eventually I would like to have a structure to set up life skills free of charge to get them off the streets. Plus healthy activities. (This is why I purchased the field).

Expert:  Jo C. replied 5 years ago.
Let me have a look at the enforcement notice.

In principle, there isn't a problem but it depends what they say that this building is being used for.
Customer: replied 5 years ago.
Can you please give me your e-mail address so I can send the scans I have.
Thanks Jean (You are very much appreciated).
Expert:  Jo C. replied 5 years ago.
I'm not allowed to give you personal info under the rules of this site.

You can send it XXXXX@XXXXXX.XXX and mark it for me though.
Customer: replied 5 years ago.

Dear Jomo,
I have sent the scan to info of the last notice I had.

Mr. and Mrs Cowan have the farm next to my field.

They bought the bottom field and the boundary of both fields, and I purchased the top field, minus the boundary. (This was registered, but it came back that I owned the whole field). It was put right in July 2006, but I still had the title deeds. I also purchased from Mr. Cowan the portacabin which was sittin on the boundary.

In august 21st 2007 I purchased the bottom field, plus the boundries from Mr. and Mts Cowan.

Because the transfer of this was not submitted, there is a dispute with the council, of who owns the land. Myself and the Cowans have both told them its mine. This is why we are both being taken to court.

Mrs Cowan says her solicitor says not to put the transfer in, until after the court case.
I cannot persuade her different.

So she is worried about being prosecuted for work on the portacabin.

I feel I have to explain, as the notice would not make sense.
Thanks again (I will definately be clicking the accept when this is finished).
Also I do not want to lose contact with you, as I feel you are really interested in my case. I clicked accept before and lost you. Jean























Expert:  Jo C. replied 5 years ago.
Hi

I've just picked this up and will need some time to download it.

Should be able to resolve it at some point tonight.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 63924
Experience: Over 5 years in practice.
Jo C. and 3 other UK Property Law Specialists are ready to help you
Expert:  Jo C. replied 5 years ago.
I haven't got time to look at all this properly tonight.

I'm going to have to opt out. I'm sure that somebody else will be with you soon.
Customer: replied 5 years ago.

I really want to pay the money to you, and if I click accept I don't know how to get you again. How do I do it? as I think you have been great, and would like to pay £50 now and remainder when complete. I don't want anybody else, and I do not expect you to do all this for little.
Please tell me you can look at this perhaps tomorrow.Jean
Customer: replied 5 years ago.

Dear Jomo1972,
I realize the scanned material is probably too much, and I do not expect you to go through it all, only that which relates to the cabin.

Thank you for all your help. I really appreciate it.
Jean
Expert:  Jo C. replied 5 years ago.
OK.

I'll opt back in and try to look through it but I can't do it today.

I know you are in on 17th April and I should be able to do it by the end of the week.

Customer: replied 5 years ago.

The main thing I need to have for court is:-

To prove without a shadow of a doubt that I do not need planning permission when the structure is on skids, as I am using it for agricultural reasons.

I did look at the site you gave me, but I cannot find such a law, and this is what I need, so the Council cannot argue with facts that are written. So I really need your help to find it written.

I will wait for your reply, and if you find more info as you read the enforcement please do advise me. I do not want to be found guilty. I have to send my defence in a.s.a.p.

Also would it be needful or to my advantage to get a Certificate of Lawful Use.
Customer: replied 5 years ago.

Hi The administration will not tell me how much of the money I sent has come to you.

How are you getting on with the enforcement notice?.

If there is no more you can tell me, I understand. Just let me know.

You have been very helpful. thanks Jean







Expert:  Jo C. replied 5 years ago.
I am looking at this. I should be able to do it by friday as above.
Expert:  Jo C. replied 5 years ago.
Hi

I have just started to look at this. My computer has crashed earlier this week and deleted lots of files.

Could you resend XXXXX@XXXXXX.XXX the stuff that relates to the planning permission.

I'm trying to find it on my harddrives but to no avail so far.

Jo
Customer: replied 5 years ago.

Tthank you for all your help . I feel I possible have all the info I now need, as I know the structure does not need planning permission, as its used for agriculture, so I will fight on this score.

I have since learnt that the planning enforcement officer, should have made an appointment to see my cabin, not slide in from the neighbours farm, even if they did give him permission.
Also that at no time did they ask for a meeting for a chat to try and resolve the situation.
So I do believe I have a case.
If you have anymore info that you feel will help, great!. Thaks again.
Jean
Customer: replied 5 years ago.
Dear Jomo, I have won the case with the portacabin on skids. Thanks you.

They are now going to take me to court concerning vehicles on the land.

The notice says
a) Cease the use of the land forthe storage of vehicles, trailers container, plant equipment and materials not associated with authorised use of the land for agriculture and

b) Remove from the land all vehicles trailers, containers, plan equipment and materials connected with the unauthorised use.

They gave me one month to comply. from 18th March 2008 to 18th April 2008 . to appeal.
I was away and returned on the 22nd. March and was going away again for a few weeks. I wrote to the council and asked them to give me more time, as I was going away again.
I had no reply.
On 13rh October2008 I had another letter stating the same thing. and telling me I have one month to conpoy from 18th March. Of course I was well out of date.

So when I went to court yesterday I put a defense in saying what I have just said, plus that the vehicles were for men working on the land and agricultural use.
they have disagreed and our taking me to court next Wednesday.
Do you have any advice. I could send you copies of the enforecment order if it will help.
Thanks Jean
Expert:  Jo C. replied 5 years ago.
Glad you won.

I think you are going to have to ask another question about the other matters. You can lock it for me though.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 63924
Experience: Over 5 years in practice.
Jo C. and 3 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

Hi JomoI have won the case with the portacabin on skids. Thank you.

They are now going to take me to court concerning vehicles on the land.

The notice says
a) Cease the use of the land for the storage of vehicles, trailers container, plant equipment and materials not associated with authorised use of the land for agriculture and

b) Remove from the land all vehicles trailers, containers, plan equipment and materials connected with the unauthorised use.

They gave me one month to comply. from 18th March 2008 to 18th April 2008 . to appeal.
I was away and returned on the 22nd. March and was going away again for a few weeks. I wrote to the council and asked them to give me more time, as I was going away again.
I had no reply.
On 13rh October2008 I had another letter stating the same thing. and telling me I have one month to conpoy from 18th March. Of course I was well out of date.

So when I went to court yesterday I put a defense in saying what I have just said, plus that the vehicles were for men working on the land and agricultural use.
they have disagreed and our taking me to court next Wednesday.
Do you have any advice. I could send you copies of the enforecment order if it will help.
Thanks Jean.
Customer: replied 5 years ago.

Please can you answer my question.
Expert:  Jo C. replied 5 years ago.
Hi

I'm afraid that you are going to have to ask a separate question on the point. I did explain that earlier.

This is another topic.
Customer: replied 5 years ago.
Sorry I do not know what you mean. I have clicked ther green button. I have asked another question concerning the land law. Please explain.Thanks Jean

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