Christmas In The Good Old Days
ChatterBank25 mins ago
Hole
Is there any legal limit on the size of hole one can dig in one's garden?
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Its in section 55:
Meaning of “development” and “new development”
(1)Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
There are no prescribed measurements as every case is assessed on its own merits and in context. It also depends on whether its part of another operation which has planning permission or is permitted development. So a hole for a swimming pool which is of a size that benefits from PD would be fine. Digging the same size hole just to have a hole in your garden would need planning permission. Moving a bit of earth for a flower bed would probably be ok, but moving lots of earth to change the levels of your garden or create terracing would probably need permission.
As with everything in planning, there is no easy answer, which is why I asked what you were thinking of doing?
Meaning of “development” and “new development”
(1)Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
There are no prescribed measurements as every case is assessed on its own merits and in context. It also depends on whether its part of another operation which has planning permission or is permitted development. So a hole for a swimming pool which is of a size that benefits from PD would be fine. Digging the same size hole just to have a hole in your garden would need planning permission. Moving a bit of earth for a flower bed would probably be ok, but moving lots of earth to change the levels of your garden or create terracing would probably need permission.
As with everything in planning, there is no easy answer, which is why I asked what you were thinking of doing?
bushbaby, I like it! The parliamentary draftsman might as well have put 'development means anything done to land' except that that isn't quite draftsman's language.LOL The best argument on interpretation is to say that the words ' or other operations' have to be read in the context and taken as 'of a like kind', which at least explains why parliament didn't use an expression equating to 'anything'. Otherwise the closely defining words (e.g 'mining') are themselves unnecessary..'The Courts hate that and will ask why words such as 'mining' are there if parliament wanted to include anything and everything. Otherwise digging any hole in a garden would require planning permission and the only 'control' on that is the whim of the planning authority's officers and that can vary from day to day and , of course, place to place.
What 'unless the context otherwise requires' seem a messy inclusion i.e prima facie development sometimes does not mean development, unless they should be used to reinforce the argument against a wide interpretation of 'other operations'
What 'unless the context otherwise requires' seem a messy inclusion i.e prima facie development sometimes does not mean development, unless they should be used to reinforce the argument against a wide interpretation of 'other operations'
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