mots and a4
dan craver
disenclosure at hotmail.com
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
development.
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
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