mots and a4

dan craver disenclosure at
Fri May 26 17:15:14 BST 2000

   it seems that compost has been blown out of the water as far as calling 
it an enclosure for sake of accomodation, unless another precedent can be 
found.  Ewen Developments v. Secretary of State for the environment (1980) 
J.P.L. 404,...the court was unable to find that an inspector had misdirected 
himself in ruling that the construction of a number of earth embankments was 
not permitted by this class, not withstanding that they enclosed land.  
shame, just means that to achieve the same effect a double stone wall (or 
living woven willow), filled with some good loam will have to suffice. this 
would take longer of course.
  article 4 update(see town and country planning act 1990, section 108).. 
any action by a local planning authority to remove specified development 
from the category of permitted development could lead to the authority 
having to pay compensation to an aggrieved applicant for planning 
permission.......same act s.115(3)  if the LPA requires the removal of 
authorised building or the discontinuance of any authorised use of land then 
compensation will be payable by the LPA to any person in respect of the 
depreciation in value of his interest in the land or in respect of the 
disturbance of his enjoyment of the lan. such a person may also claim 
compensation for expenses reasonably incurred by him in complying with the 
requirements of a local planning authority respecting authorised 
under s.97(3)(a) and s.97(4) and ho hum.. s.97(3)(b)  the planners have got 
to revoke before building operations have been completed(knock it up quick), 
and before any change in use of land authorised by planning permission.
the validity of an order revoking or modifying may within SIX WEEKS be 
challenged in the High Court by a person aggrieved.
so it looks like you can group purchase land which has no planning 
permission for dwellings and build accomodation as long as a solid wall or 
fence (which could involve earth and willow but i,d start it with stone just 
to be safe) is being put up. if your caught before completion of the 
dwelling or start of the rased veggy bed you get dosh if you manage to get 
to court within six weeks. its a theory and i shall go over it with a fine 
tooth comb over coming months. if the above made no sense to you please look 
at previous disenclosure notes(theres only two or thre  thankfully)   tara 
for now...dan woods
Get Your Private, Free E-mail from MSN Hotmail at

More information about the Diggers350 mailing list