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Can planning revert back to quarry which it was before

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  • Can planning revert back to quarry which it was before

    We are looking to buy a piece of land with some buildings and Apparently the seller changed the planning from a quarry to a joinery storage yard, but it is specific to him he says, so when he sells it, the planning reverts back to a quarry, can this be right? We would just want to use the building to store online sales products and relax on the rural property, but not to trade from there, is this right can it revert back to original planning as a quarry, would we able to use its building for storage?
    Tags: None

  • #2
    You would be best contacting the council planning department for advice. Planning permission normally attaches to the land not to the person who applied for it but the council are the people who know.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Good advice but my instant answer would be no - it is the land which has the permission not the owner. If you go onto the council website and look for the property in the planning section all the info will be on there for you

      Comment


      • #4
        Originally posted by islandgirl View Post
        Good advice but my instant answer would be no - it is the land which has the permission not the owner. If you go onto the council website and look for the property in the planning section all the info will be on there for you
        Ok, that is what i though, but somebody said that it can be true under certain conditions, but Just a quick follow-up, if these buildings were erected, possibly only remodelled containers, would they have to be demolished when planning permission ceases, reverts back if it was true?

        Comment


        • #5
          You can get temporary permission for something which can expire but only in very specific circumstances. If full planning has been given then you would not have to remove. Go to the council website, look at the planning section, put in the address and find out exactly what permission it has then report back here and we can try to help.

          Comment


          • #6
            Originally posted by islandgirl View Post
            You can get temporary permission for something which can expire but only in very specific circumstances. If full planning has been given then you would not have to remove. Go to the council website, look at the planning section, put in the address and find out exactly what permission it has then report back here and we can try to help.
            Thank you will try but it has no official address as it is very very rural.

            Comment


            • #7
              If planning permission has been granted formally then it will be identified. If you cannot find it ask the council. If it is not in the records it will not have formal planning. Search the street or road name as a starter

              Comment


              • #8
                Originally posted by islandgirl View Post
                If planning permission has been granted formally then it will be identified. If you cannot find it ask the council. If it is not in the records it will not have formal planning. Search the street or road name as a starter
                They got a map search, but it is bad news, only a temporary one and i think they can ask the buildings to be demolished.
                Extract
                This permission is granted subject to the following conditions and reasons:
                1. This permission shall enure for the benefit of Tom ........ Joinery only. For the
                avoidance of doubt the development hereby approved relates to change of use of the
                land only which shall only be for uses defined under the Town and Country Planning
                (Use Classes) (Scotland) Order 1997 as Classes 4 (Business); Class 5 (General
                Industrial); Class 6 (Storage) and any subsequent amendments or alterations to the
                above Order. The site shall not be used for Class 1 (Shops) of the aforementioned
                Order) without the express approval of the Planning Authority.
                Reason: In recognition of the use applied for and in the interests of safeguarding
                the established amenity of the area.

                ………………………….

                2. Planning permission is hereby granted for a temporary period only and shall cease to
                have effect on 29th September 2024 (the 'cessation date'). Prior to the cessation date,
                the application site shall be cleared of all storage approved under the terms of this
                permission.
                Reason: In recognition of the temporary nature of the proposed development, to
                enable the Planning Authority to reassess the impact of the development after a given
                period of time and secure removal and restoration.

                Comment


                • #9
                  Is it in Scotland? If so different rules may apply. However I still find it hard to believe that it is change of use for one company. If it has change of use it has change of use - certainly it does in England. It can remain and be used for any of the classes it has permission for. If you need to know book an appointment and go and speak to the planners - they will tell you!

                  Comment


                  • #10
                    You didn't say it was in Scotland - different planning rules - but from what you have posted the right to have storage units there expires a a few weeks time anyway and you would have to apply for planning permission yourselves for your proposed usage and erect your own storage units.

                    As Ihas been said earlier, you really need to discuss your plans with the council planning department and get their advice on what you can do.
                    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                    Comment


                    • #11
                      Originally posted by PallasAthena View Post
                      You didn't say it was in Scotland - different planning rules - but from what you have posted the right to have storage units there expires a a few weeks time anyway and you would have to apply for planning permission yourselves for your proposed usage and erect your own storage units.

                      As Ihas been said earlier, you really need to discuss your plans with the council planning department and get their advice on what you can do.
                      We have been looking for property/land /woodland for some time know, we have also discussed planning permission with a solicitor and were told that is not a devolved matter and was the same all over uk like driving/traffic laws. so i was not aware it is different.

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                      • #12
                        As above go in and see the planners - my only tip is, if you get positive news, get it in writing - planning depts have a habit of saying one thing and doing another later...

                        Comment

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