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Agriculture and rural update - Spring 2014

Posted in News by Sarah Webster on 14th April 2014

This bulletin highlights some of the key legal issues facing the agriculture and rural sector. There has been a major shift in planning policy which will benefit those farmers wishing to develop redundant farm buildings. We also provide an update on the Common Agricultural Policy (CAP) reform and the employment law changes which some into force from Spring 2014.

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Permitted development rights for agricultural to residential

Posted in News by Lee May on 8th April 2014

From 6 April 2014 two new classes of permitted development have been added to the General Permitted Development Order which have the potential to unlock significant opportunities for rural businesses.

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Call to farms: buying and developing agricultural land for residential use

Posted in News by Nick Smith on 29th January 2014

This article was first featured in Prime Resi, 28 January 2014.

We all know it’s been a shrewed investment in recent years, but just how easy - or sensible - is it to buy up and develop farmland? Are the legal issues and risks the same as with brownfield sites, or more complex? What are the opportunities now that significant changes to planning policy look increasingly likely?

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Judicial Review time limit in planning cut from three months to six weeks.

Posted in News by Lee May on 22nd July 2013

As part of the Governments drive to get the planning system working more efficiently they have reduced the time limit for challenging planning decisions of councils from three months to six weeks.

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New permitted development rights and the impact it has on agricultural buildings

Posted in News by Lee May on 17th June 2013

This article first appeared in the ‘South East Farmer ’ magazine June 2013 edition.

On 30 May 2013 new permitted development rights came into effect which allow existing agricultural buildings to be used for a variety of non-agricultural purposes without the need to obtain full planning permission.

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Developers and householders to benefit in new planning law

Posted in News by Lee May on 29th May 2013

Important changes to the planning system have come into force with the passing into law of the government’s flagship Growth and Infrastructure Act.

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Is planning permission required for the intensification of a scrap yard use?

Posted in News by Lee May on 4th April 2013

On 15 November 2012 the Court of Appeal gave its judgement in the case of Hertfordshire County Council v Secretary of State for Communities and Local Government [2012]. The Court upheld an Inspector’s decision that planning permission was not required for an increase in the throughput of material at a scrap yard from 121,174 tonnes a year to 231,716 tonnes. This was so even though there was evidence that the intensification of the use was having a detrimental effect on the neighbours.

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Local authority powers to control land adversely affecting amenity

Posted in News by Lee May on 4th April 2013

In addition to their normal development control powers Local Planning Authorities also have the power to require the proper maintenance of land. This power is exercised by the service of what is called a Section 215 Notice, named after the section within the Town and Country Planning Act 1990 which creates the power.

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