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28 day rule


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All,

Correct me if I am wrong....

A landowner / farmer, can use a bit of his or her land for any non comercial reason for up to 28 days in any one year.

Now I also think.......

If you swap fields that this starts the 28 day clock again......

Farmer Dave..... Sally Ann........

One of you should know :wink:

SW :D

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Are we talking "Planning Consent"?

If so to use a field for other than agricultural use planning permission for a "change of use must be obtained" the law allows the field to be used for up to 28 days in any one year before such consent is required.

This applies to the area of land in use. i.e if it is part of a field for car parking then that is the area in question. If a whole field (for aviation ) then that whole field.

To "rotate" fields (as you suggest) is technically within the law unless a judge, in any case brought against you under "planning enforcement" legislation deems that you are so obviously using all those fields as your airfield that they should all be included in a change of use application.

In practise no enforcement is likely unless a complaint is made about the use. Once enforcement action starts a long process is then likely before any court action. The key issue is "would the owner of the field want to expose themselves to that hassle"? assuming the field is borrowed from a friendly farmer.

You may find that there is an EU grant available to the farmer for "diversification" and the Ministry might even help with advice on the planning application.

Here is a report into a complaint against a council for failing to enforce this law. It kinda says it all.

http://www.lgo.org.uk/news/docs/130-05c09330.doc

ENJOY

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I agree with Francis,

I have had some involved dealings with the Enforcement department of the Dorset County Council before now. I found them to be extremely knowledgeable and very helpful. They particularly appreciate being in on the conversation before any steps are taken as they are the ones who are called in if there are complaints lodged.

It depends on the character of those (planners) involved of course but they would be an excellent first point of contact. Take bags of illustrative material to demonstrate what you are about. They will not (cannot) give you a ruling as the planners are the only ones who can do that but they will let you know whether you are within the law with your proposals or what you might inadvertently be setting out to break.

You might even get a cup of coffee and who knows, maybe even a couple of new and valuable allies.

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I think the key here are the words "other than agricultural use" and at our site for example you will find that we are simply ploughing the fields with both wind and four stroke powered ploughs, one by product of this is occasionally getting airborne but then we are all simply checking on the crops from the air by the cheapest possible method. Plus I hear that H&E are agricultural anyway :lol:

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The link from Francis shows some real NIMBY attitude:

Mr and Mrs Simon took dated photographs to illustrate the use of the field for car parking. They also complained about its use for storing grow-bags, for advertising the tea-room and for the stationing of large agricultural machinery.

Anyway back to topic, http://www.gaac.co.uk/ click on planning - factsheets and there is a whole mine of information

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as i ride moto x some of the land has a 28 day rule governed by the council. council will talk to land owner give him the rules which he abides too and keep noise decimals down.it will be just same for paramotors and the air space above.depending on the amount of complaints by the locals? youll be better off meeting council togeather with land owner .show the paramotor also fly it showing safety prep etc then wait and see. council will have a noise test done normal check which is also done at a few moto x meetings the council would like to see organization not chaos .. :0| LAWRENCE

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