Due to the changes agriculture is facing, many landowners are looking to diversify. Deciding to hang up the pitch fork or park up the combine are not the only difficult decisions to make. The business structures, tax implications and practical issues all need to be considered.
One issue relates to planning permission and change of use of the land. A recent decision by the Planning Inspectorate has highlighted how complicated this area can be and why it is important to get advice from an early stage when considering diversifying.
A planning enforcement notice was served on the landowner in respect of four buildings used as camping pods. The landowner appealed. The issue was whether the pods were buildings or whether they could be classed as a caravan under the criteria set out in the Caravan Sites and Control of Development Act 1960.
The grounds considered by the inspector were how suitable the pods were for human habitation, the dimensions of the pods and how easy they were to move.
The pods had an electricity supply however the inspector held that a garden shed can have an electricity supply so the human habitation test was not satisfied. In addition the items within the pods such as an inflatable bed, a microwave, wall mounted heater , among other items, were only facilitating human habitation and were not adaptations of the structure to the pod.
Due to the nature of the pods the inspector found that they were buildings and therefore upheld the enforcement notice. The decision can be found - https://bit.ly/38NwCFw or using the Planning Inspectorate’s website reference: APP/B9506/C/18/3210831.
Events such as the above can be very costly and stressful. If you are considering diversifying it is important to seek advice from planning specialists, your solicitor, accountant, land agent and other professionals.
SJP Law are not planning consultants however we can assist with the legal matters involving diversification. In addition we have a strong network of contacts who can help with planning matters, tax issues and other complications involved with diversification. If you have any queries please do not hesitate to get in contact with our commercial teams in Hull on 01482 324591, York on 01904 928720 or contact us via our website.
