Planning for 'Engineering Works'

November 14, 2011 by Lee Wainwright in forum Planning Forum

#127 Lee Wainwright, 14 November 2011, 21:53

I have a problem that is briefly detailed stems from a neighbourhood argument after I fould a neighbours pipe through my field without them asking. As they were giving me grief for me using a public track with a friends tractor I told them the pipe would have to be removed.
We have filled in a hole in our field using muck from the field itself. The hole was from a 100yr old open cast mine and was approx 15ft deep by 30ft wide. We have not brought anything in or moved anything out. No trucks have been used just a tractor and a small excavator.
The neighbours have complained and the council say they 'believe' that we need retrospective planning permission as this is classed as 'engineering works'.
I'm considering employing a local planning consultant but wondered whether anybody had this issue before, whether getting a PC was a good idea and should I need PP to landscape my garden.....albeit it a 2acre one?
Answers on a postcard would be really appreciated...

#128 Jeremy Peter, 15 November 2011, 17:21

Hi Lee

It is difficult to comment without looking over the details of the case. However it is not an offence to carry out something without planning permission. It is only when enforcement action is taken that it becomes an offence. You should ask the Council whether they consider they would take enforcement action if you do not apply. The Council have to consider whether it is expedient to take enforcement action and one of the tests of expediency is whether they would have granted planning permission in the first place. If they would have, then it would not be expedient to take enforcement action and they should not be requiring you to submit an application solely to regularise the situation. If they think what you have done is so bad that they will take enforcement action, then I suggest you contact a planning consultant. We at Applied Planning Services have local qualified planning consultants in yours area that could help you. As for landscaping your garden, it really depends what you want to do. Generally planting of vegetation and putting a patio and paths down does not require planning permission. Again, we have local consultants whon can advise on this. Regards Jeremy

#349 Ruth Fayers, 14 December 2013, 12:52

I have started to construct a large pond on my land, can anyone tell me whether it is necessary to have planning
permission and if so what is the size allowable before this is required.

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