planning regulations section 38

Hello everyone,

I got planning permission four year ago to build a new house and the county council sent me a letter stating that to get the planning to build the house I would have to enter into a thing called a section 38, which freezes the rest of my land against getting permission to build for 10 years from the date of the initial permission. I now need to build an agricultural building to house livestock which is over the exemption size for an agricultural building and have been told by a person in the county council office the other day that I would not be able to build this shed until the section 38 has run its course in six years time. I would really like to know if this is correct and if this section 38 can be appealed, could anyone out there help with this one. Thank you.

Most unlikely; the sterilisation agreement (as they are commonly known) was almost certainly geared at preventing excessive residential development. I would be very surprised if you were refused permission for an agricultural building (PROVIDED you can show that it is necessary for your agricultural enterprise: many so-called "agricultural buildings" house small industries of all sorts not directly related to agriculture and some planners are - rightly - wary of this)

Thank you MOB for your response to my post. I hope that this is the case and that I can go ahead and apply successfully to build my livestock shed as it is necessary to house the stock over the winter period. I will try and get futher information from the council, maybe get to meet a planner or something like that. Thanks again.

An uncle of mine had to sign something similar a few years back when a nephew was looking for permission to build a house on his land. Last year a niece of his was give permission to build on his land even though the ten years were far from over. Can't remember the exact details, but think some of those orders are unenforceable.

Leo