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[edit] Finding the right type of community
This is a stub. Please write more about searching and finding 'the right community'.
[edit] Finding the right location and property
In Making Communes, the 1971 version of Diggers & Dreamers, there are little maps of the uk detailing such things as average rainfall & sunlight hours, travel times to major cities and the location of National parks to help prospective communards find a suitable location for their community. The accompanying somewhat scanty text gives other clues as to where to look including; details on finding property in London, info on cheap pockets of land, soil types and types of farming in different parts of the country. I’m not sure whether any of the advice proved useful to 1970’s would be community dwellers, but in an age of internet access to satellite images and digital mapping the information offered seems woefully inadequate for doing any sort of systematic property search.
Finding suitable property within a budget was, is, and will likely continue to be one of the major stumbling blocks for new intentional communities. The situation with property prices has changed so radically that any past advice on how to find buildings and land is very unlikely to be of any use today. Though if you have no fixed idea on whereabouts it might well be worth looking at the sunshine/rainfall/soil type data for particular areas you are interested in.
There is an inbuilt tension between members until a particular location, or at least area that you want to be located in is settled on. Do you get people together first and then try and decide where you want to be?, or do a small number of you decide on a location and then look for other people who want to be there as well? Over the years a number of groups have floundered by taking the first option eventually falling apart because they fail to agree which part of the country they want to be in. On more than one occasion a splinter group goes off and gets on with it ……
Be imaginative, necessity is the mother of invention; It helps if you’re not fixated on a countryside location. Great plots are not always in the most obvious of locations; - they might be found, for example, in very large gardens (as long as access can be provided) and ‘gap’ sites between other buildings. Recent directives from the government have been very encouraging towards brownfield initiatives in urban areas. Or consider demolition and replacement build. This is often more cost effective than renovation and the property doesn’t have to be derelict for it to be a financially viable project. Many self builders are now buying down at heels post war housing, such as poorly constructed 1950’s bungalows, and knocking them down to make way for a new build. It might be harder to find something suitable for a cluster of communal buildings, but well worth investigating as an option.
You could consider buying a larger site than you really need, either to enable you to get property or when you are clearer on your plans and budget you could sell it on – you may feel that this smacks of property speculation and not want to consider it. On the other hand you could see it as a pragmatic way to overcome a major obstacle to getting your group off the ground – there may even be positive options such as selling plots off to self-builders or for some local community use.
“ I find most building sites and building conversions from Estate Gazette which I subscribe to. Expensive, but well worth it. Truism – set you sights low – you won’t find the perfect site. Local Authorities mostly have searchable property sections, as do Network Rail and other Govt Agencies. I speak to all local agencies and if necessary agree to pay a commission. Speak to planning Departments about land they know about. Search the District and County(or London Boro or UA) local plan for identified land for residential development. Search the Land Registry online for the owner of the land, or ask the neighbours……….. Take big risks – you’ll be dead soon. Balance this against not taking big risks – that is the risk you may not build cohousing.”
David Michael – Founder Frankliegh House and Springhill Cohousing
Mapping Exercise - Adapted From: The Cohousing Handbook
If you have an idea of what area you want to consider for your project but don’t really know where to start looking the following exercise might be useful.
Get maps of your preferred area(s) (1:25,000 scale) a number of copies, or photocopies would be best. And a set of highlighter pens.
If you can get hold of a copy of the local councils Local Plan – mark any relevant planning zones onto your map. Mark any other relevant information on the map – put in things you want to avoid as well as the attractive points.
In groups of 6 to 8 sit around a table and work on one map at the same time. Discuss the towns, neighbourhoods or districts on the map that seem like good possibilities. Draw the possibilities on to the maps with the highlighter pens colour code areas by order of preference. If necessary do your drawing more than once on a number of copies of the same map. Don’t hesitate to change your mind and try again, and don’t worry about mistakes.
There may be areas you might want to go out and see together, an area that is not familiar to you. To check out some feature on the map - If you wonder, “Will the railway noise be a problem?” go out and listen.
When you have completed the process, compare the areas you have identified. Decide what to do next. Use your map to go and talk to estate agents – arrange a trip around the area(s) to look for potential sites. Doing this by a variety of means of transport – car, bike on foot may turn up different possibilities.
“For most people, where they live is extremely important. Choosing the place together allows each member of your group to appreciate the feel¬ings and opinions of other members. Feelings often don’t make much sense, but working together provides the chance to build community to¬gether and respect the needs of each individual.“ Chris Hanson The Cohousing Handbook.
Freedom of Information
If you find disused property or land that you think is owned by a public body; that is a local or county council, health authority, British Waterways etc. You can now find out information about the status of it by making a Freedom of Information request. You could ask such things as – what are the current & future plans for the property? Who is the person who has responsibility for it? When was the last time any work was carried out? Are there any plans to dispose of the property? You may find that the authority has no idea what to do with the property and would be open to suggestions; alternatively they may have long term plans for it. A request for information allows you to question previously remote and unresponsive bureaucracies.
The Freedom of Information Act 2000 came into force on 1 January 2005; under this Act anyone may request information from a public authority which has functions in England, Wales and/or Northern Ireland. It also applies to the House of Commons, the House of Lords and to the Welsh and Northern Irish assemblies. The Freedom of Information (Scotland) Act 2002 applies to the Scottish Executive, the Scottish Parliament and the Scottish public authorities. Separate to this the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004 provide rights of access to environmental information in the UK. The easiest way to make a FOIA request is to use http://www.whatdotheyknow.com.
[edit] Organisations for finding likely properties
In The Sticks is a national property magazine featuring hundreds of rural properties for sale throughout the UK.this is a unique publication for people who want to find their ideal home in the countryside Our editorial team select the most interesting, or distinctive, properties from the hundreds that we research for inclusion in each edition. Distinctive can mean anything from castles, churches, windmills, derelict buldings for renovation to properties with land, in the back-of-beyond, or simply a home in an idyllic rural location. http://www.inthesticks.com/
The Property Organisation Unusual property for sale: castles, islands, houseboats, martello towers, churches, schools, windmills, watermills, pubs, barns http://www.property.org.uk/unique/
Plots of land for sale from UK Land Agents Directory http://www.uklanddirectory.org.uk/
http://www.defence-estates.mod.uk/
http://www.buildingsatrisk.org.uk/ Scotland
http://www.english-heritage.org.uk/
http://www.savebritainsheritage.org/
http://www.forestry.gov.uk/forestry/INFD-64NHHZ
http://www.networkrail.co.uk/aspx/1590.aspx
http://www.knightfrank.co.uk Estate agent specialising in sale of Country Houses, Farms & Estates and institutional properties.
http://www.struttandparker.co.uk/ Sale of farms and estates of all sizes
http://www.pickupaproperty.com/ Property search service subscription
http://www.uklanddirectory.org.uk Land for sale
http://www.ruralindex.net Rural Land & Property Index
http://www.ruralscene.co.uk sell Smallholdings, Farms, Residential Holdings, Properties with Leisure Facilities, Woodland, Water etc. in the UK and abroad.
http://www.recreational-land.co.uk Offers land for sale in the UK. Specialising in recreational land but also arable, equestrian etc. Advice on land buying and up to date news.
http://www.woodlands.co.uk/ or http://www.woods4sale.co.uk/ - woodlands for sale Islands for Sale www.privateislandsonline.com/
English Heritage Buildings at Risk http://www.english-heritage.org.uk/server/show/nav.1424
Free Land Scams
During the last decade ads have appeared on a fairly regular basis in newspapers offering to tell readers how they could claim free land. If you responded to one of the ads you would be sent a flyer for booklets with titles such as A Layman’s Guide to an Immense Free Fortune or Profit from FREE Land and Property. These booklets vary in price from £15 to anything up to £60 or £70. The flyers are usually accompanied by promotional material for a whole variety of other Get-Rich-Quick schemes – including how to make money by selling How to Claim Free Land booklets!
Whilst these schemes appear to be scams in themselves, selling fairly scant booklets at sometimes extortionate prices that contain information that is freely available elsewhere, the basic premise that it is possible to claim free land turns out in certain circumstances to be true. The appearance of these scam booklets was prompted by a couple of changes in the law. The first in 1990 made it easy to check whether a piece of land was registered with the Land Registry and secondly the Land Registration Act 2003 which clarified the procedures under which it was possible for someone who didn’t own a piece of land or building to claim what is known as adverse possession.
The basic process involved in claiming adverse possession is that a person occupying property as a trespasser/squatter for a period of 10 years (registered land) or 12 years (unregistered land) can apply to the Land Registry to register title to that land. (Except for Crown Land for which the period is 30 years.) On registration they effectively become the owners of the land and in the intervening 10 or 12 years they can use the land – in fact to prove adverse possession they need to use it as if they were the owner. This could be simply putting up a fence round a piece of land and planting a few trees on it or it could be that you live and work in the property. The booklets suggest that you look round for derelict or unused land and property then do a land registry search to find out if the property is registered. If it is unregistered you are advised to make further enquiries to try and establish if any owner exists. Even if the property is registered at the Land Registry it is possible that the owner has died with no known relatives and that you could still try and claim the land – a search for a will at Somerset House may help in this circumstance. If you find that there is no traceable owner then there is a chance that you can have a go at claiming the land. At any time in the next 10 or 12 years the ‘owner’ could reappear and is highly likely to be able to get the property back from you and require you to return it to its original state. Some of the booklets suggest that you just move over quietly and return the land, others say put up a fight, but fail to point out that you could be liable for serious legal costs if you should lose.
Due to concern about the half-truths and dubious nature of some of the people promoting these booklets the Land Registry itself has produce a guide “Free land and property” – advertisements about claiming land in England and Wales - Land Registry Public Guide 16 available from their website [1] as is an official guide to adverse possession; Adverse possession of unregistered land and transitional provisions for registered land in the Land Registration Act 2002 - Land Registry Practice Guide 5. A more independent view and detailed discussion on the subject can be found on the Planning Sanity website [2]
It is hard to see how, except in very unusual circumstances, adverse possession could be used to set up an intentional community. Twelve years is a long time to live with the threat of someone turning up and claiming back ‘your property’. Having said that it is clearly possible that a community that started out as a communal squat could eventually claim rights to the property that they were in. For general advice on squatting see: www.squatter.org.uk It had been thought that adverse possession was some sort of legal loophole that would be closed to stop squatters claiming ownership rights, but if anything the 2003 act has made it easier. It has been suggested that this is because it is in fact large landowners who annex odd bits of land adjacent to their own that benefit the most from the ‘loophole’ and therefore the odd relatively small scale claim by squatters is tolerated. It is also a mechanism used to sort out boundary disputes – which may amount to the same thing, just a case of how big is your boundary!
“Adverse possession is a powerful tool if used wisely, it can effectively be used as a tool for the near ‘free’ re-distribution of land. It can allow more certainty for those who have rightly or wrongly managed to extend their property or access. However the tool must be used rarely, or risk the right being taken away. The process should be undertaken immediately after the relevant period has been passed. Throughout the period of squatting evidence should be kept, documenting every stage of the lands occupation.” http://www.planningsanity.co.uk 26.6.06
[edit] Spatial requirements and design
“We all sense that something has gone terribly wrong with our communities. Hamlets and cities, slums and suburbs all lack a sense of cohesion. Not only is there no centre there – there is no there there. “ Victor Papanek The Green Imperative.
Once you have found a suitable site or property – the whole question of how to turn it into a community has to be addressed. This raises questions of architecture, site layout, land use, transport, waste disposal – pretty much any aspect of communal life has an impact on and is affected by the design and layout of the site and buildings. Of course there is a big difference in the scope of what you can do depending on the site and the approach will differ considerably in any given circumstances. Designing an agricultural land based community is clearly different from moving into a large urban house and a new build cohousing scheme completely different again. Some groups have paid little or no attention to design and just moved in and got on with it, adapting their buildings as they went along without much thought to any grand design or anything resembling an overall plan. This approach is obviously possible where you are moving into existing buildings and it may be the only viable approach initially if you are short of cash. Certainly it has worked for some groups without too many draw backs and there is a strong DIY ethos around communal living that would resist grand plans especially if they were being formulated by ‘outside’ professionals’ with no experience of this way of life. The danger is though that you can end up simply spending a lot of time reinventing the architectural wheel when you might have other things to be doing and not all architects are egotistical-megalomaniacs. There are advantages in tapping into specialist knowledge and if you are borrowing money from banks or a building society they are likely to want to see evidence that you are competent and capable as a group before they will consider lending you money, and they may well insist that you have a professional team working on the project.
(Architects should be left-handed women quote??)
There is a small but growing band of architects’ practices with both experience in working closely with groups – mainly conventional voluntary sector community groups – who also have an understanding of environmental issues. A few even have experience working with and designing intentional communities. (The odd one has even lived communally.) The best place to start trying to track them down would be through the Association of Environment Conscious Builders (AECB) - http://www.aecb.net This is also the place to search for other sympathetic building professionals in your area.
(Martin F’s 10 Qs? To ask an architect.)
Site Appraisal
• Site stability & any potential contamination
• Existing buildings (Scope for reuse)
• The amount & direction of sunlight
• Potential for renewable energy generation
• Micro-climate; soil type(s) Drainage & water table
• Existing vegetation and ecological value
• Accessibility (walking, cycling and public transport)
• Geographical location
• Type of location; Wilderness, rural, urban.
• Aesthetics
• Costs
• Employment / business prospects
• Schools and other local facilities (Recreational etc.)
Adapted From: The Sustainable Community.
Layers of a building
SITE - This is the geographical setting, the location, the plot or site that will outlast generations of ephemeral buildings. - Site is eternal -
STRUCTURE - The foundation and load-bearing elements are difficult and expensive to change, so generally people don’t. These are ‘the building’. Structural life can range from 30 to 300 years
SKIN - Exterior surfaces on new buildings now change every 20 years or so, to keep up with fashion or technology, or for wholesale repair. On older buildings a focus on energy costs has led to retro-fitted new Skins that are air-tight and better-insulated.
SERVICES - These are the working guts of a building: plumbing, electrical wiring, communications wiring, sprinkler systems, heating, ventilation, and things like lifts. They wear out or obsolesce every 7 to 15 years. Many buildings end up being demolished early if their outdated systems are too deeply embedded in the structure to replace easily.
SPACE PLAN - The interior layout-where walls, ceilings, floors, and doors go. Turbulent commercial space can change every 3 years or so; exceptionally quiet homes might wait 30 years.
STUFF - Chairs, desks, beds, kitchen appliances, pictures, lamps, hair brushes; all the things that twitch around daily to monthly. Furniture is called mobilize in Italian for good reason.
Adapted from: How Building Learn. S. Brand.
Permaculture
Permaculture Zones
Main article: Zones (Permaculture)
Permaculture zones classify three dimensional areas according to the amount of human attention needed to maintain the sustainable function of each zone.
Zone 0 The house, or home centre. Here permaculture principles would be applied in terms of aiming to reduce energy and water needs, harnessing natural resources such as sunlight, and generally creating a harmonious sustainable environment in which to live, work and relax.
Zone 1 Is the zone nearest to the house, the location for those elements in the system that require frequent attention, or that need to be visited often.
Zone 2 The vegetable garden, larger scale compost bins and maybe beehives.
Zone 3 Is the area where crops are grown, both for domestic and trading purposes. Would include orchards. After establishment, care and maintenance requirements are fairly minimal providing mulches, etc. are used. Watering or weed control is once a week or so.
Zone 4 Is semi-wild. Used for timber production from coppice managed woodland and the placement of aquaculture ponds.
Zone 5 The wilderness. There is no human intervention here apart from the observation of natural eco-systems and cycles. Here is where we learn the most important lessons of the first permaculture principle of working with nature, not against it.
(The zones do not have to be these things exactly).
Thus, things in Zone 1 will need to be visited more often than those in Zone 3, so Zone 1 will be closer to the home, continuing out to wilderness which should need minimal attention.
In the desing of zones 4 and 5 Holmgren’s permacultural model makes use of Yeoman’s Keyline Design principle in the design of sustainable human settlements and organic farms. These simple concepts have led to complex theoretical work which nonetheless is important in underpinning the design process. In the context of zone analysis, Holmgren based much of his design system around the concept of a sequentially nested distribution of zones whereby geographically zone 0 ⊂ zone 1 ⊂ zone 2 ⊂ zone 3 ⊂ zone 4 ⊂ zone 5.
Some groups extended this with Zone 00, the self as an attempt to place people at the heart of the system [1]. Others have also included Zone 6 indicating the wider world in which a permaculture system must exist.
Summary of Permacultural Zones
• ZONE 0 — The house, or home centre. Here permaculture principles would be applied in terms of aiming to reduce energy and water needs, harnessing natural resources such as sunlight, and generally creating a harmonious, sustainable environment in which to live, work and relax
• ZONE 1 — Is the zone nearest to the house, the location for those elements in the system that require frequent attention, or that need to be visited often, e.g., salad crops, herb plants, soft fruit like strawberries or raspberries, greenhouse and cold frames, propagation area, worm compost bin for kitchen waste, etc.
• ZONE 2 — This area is used for siting perennial plants that require less frequent maintenance, such as occasional weed control (preferably through natural methods such as spot-mulching) or pruning, including currant bushes and orchards. This would also be a good place for beehives, larger scale compost bins, etc.
• ZONE 3 — Is the area where maincrops are grown, both for domestic use and for trade purposes. After establishment, care and maintenance required is fairly minimal provided mulches, etc. are used, e.g., watering or weed control once a week or so.
• ZONE 4 — Is semi-wild. This zone is mainly used for forage and collecting wild food as well as timber production. An example might be coppice managed woodland.
• ZONE 5 — The wilderness. There is no human intervention in zone 5 apart from the observation of natural eco-systems and cycles. Here is where we learn the most important lessons of the first permaculture principle of working with nature, not against.
Sectors are a way of considering the external energies that move through a system such as prevailing wind direction, site orientation and aspect (north, south, east, west, etc.), winter/summer sun paths, underlying geological make up (bed rock causing clay or sandy soil types, etc.), frost pockets and so on; and how we might best take steps to either utilise or counter such factors.
Tat found in different permaculture zones - From PermaWiki
Tat in an English phase for useful material just on the right side of junk.
Zone 0 - the home
this is another essay in itself
Zone 1 - around the home
lost and/or broken trowel, heavy items awaiting transportation, such as empty gas cylinders or the fork you really should put away
Zone 2 - veg plot/garden
plants pots, a broken rake, more plant pots, slightly rotten garden chairs
Zone 3 - main crop
main tat pile, various items of building materials, broken tractor (fixable), useful bits of metal which may find a uses some day, scrap wood and pallets that at one time ‘might come in useful’ but are now too rotten, other bulk storage
Zone 4 - semi-wild/woodland
half roles of fencing, a few scattered fence posts, fencing tools now lost under a pile of brambles, abandoned caravan
Zone 5 - wilderness
a burnt out car, an unidentified object which boggles the mind how it got there in the first place
Low-road / High road buildings – Communities often low-road approach in former high-road buildings.
“The major difference in a “learning” building is its budget…………there needs to be more than usual spent on the basic Structure, less on finishing and more perpetual adjustment and maintenance. The less-on-finish part takes forceful management because the architect will want pizzazz in the finish, where it shows, and many artisans are not happy skimping on quality finish. The architect needs financial incentive to hold the line. I have suggested settling on a preliminary design and construction budget, with the architect getting a flat fee – plus a generous bonus if the budget and schedule are met. This encourages realism and rewards parsimony.” Stewart Brand . How Buildings Learn
The following are notes that need expanding on.
Design (don’t go into details of design – Signpost)
Spatial requirements + Design
Existing buildings - Big house / old culture – working with & against
Should you get an architect …. Short-cut to expert knowledge Don’t be afraid to question any architect you may want to use in detail before you agree to work with them
Cohousing design ideas…….. CoDesign……..
Eco-building ……..plenty of books available – give www.contacts
(Self-help house repairs plug)
To Self-build or Not - (Time /Money / Energy equation)
Again plenty of Books (Segal trust www……….)
Perma wiki - http://permaculture.wikia.com/
the free permaculture designers manual that anyone can edit
http://ecovillage.wikia.com/ ditti for ecovillages
http://www.livingneighborhoods.org/
http://www.patternlanguage.com/
http://www.communitysolution.org/
Design (don’t go into details of design – Signpost)
Spatial requirements + Design
Existing buildings - Big house / old culture – working with & against
Should you get an architect …. Short-cut to expert knowledge Don’t be afraid to question any architect you may want to use in detail before you agree to work with them
Cohousing design ideas…….. CoDesign……..
Eco-building ……..plenty of books available – give www.contacts
(Self-help house repairs plug)
To Self-build or Not - (Time /Money / Energy equation)
Again plenty of Books (Segal trust www……….)
[edit] Self-build and low impact
Criteria for Developments associated with sustainable land-based rural activities
1 The project has a management plan which demonstrates:
a how the site will contribute significantly towards the occupiers’ livelihoods;
b how the objectives cited in items 2 to 14 below will be achieved and maintai ned.
2 The project provides affordable access to land and/or housing to people in need.
3 The project provides public access to the countryside, including temporary access such as open-days and educational visits.
4 The project can demonstrate how it will be integrated into the local economy and community.
5 The project can demonstrate that no activities pursued on the site shall cause undue nuisance to neighbours or the public.
6 The project has prepared a strategy for the minimization of motor vehicle use.
7 The development and any buildings associated with it are appropriately sited in relation to local landscape, natural resources and settlement patterns.
8 New buildings and dwellings are not visually intrusive nor of a scale disproportionate to the site and the scale of the operation; and are constructed from materials with low embodied energy and environmental impact, and preferably from locally sourced materials, unless environmental considerations or the use of reclaimed materials determine otherwise. Reuse and conversion of existing buildings on the site is carried out as far as practicable in conformity with these criteria.
9 The project is reversible, insofar as new buildings can be easily dismantled and the land easily restored to its former condition.
10 The project plans to minimize the creation of waste and to reuse and recycle as much as possible on site.
11 The project has a strategy for energy conservation and the reduction, over time, of dependence on non-renewable energy sources to a practical minimum.
12 The project aims over time for the autonomous provision of water, energy and sewage disposal and where it is not already connected to the utilities, shall make no demands upon the existing infrastructure.
13 Agricultural, forestry and similar land-based activities are carried out according to sustainable principles. Preference will be given to projects which conform to registered organic standards, sustainable forestry standards or recognized permaculture principles.
14 The project has strategies and programmes for the ecological management of the site, including :
a the sustainable management and improvement of soil structure;
b the conservation and, where appropriate, the enhancement of semi-natural habitat, taking into account biodiversity, indigenous species, and wildlife corridors;
c the efficient use and reuse of water, as well as increasing the water holding capacity of the site;
d the planting of trees and hedges, particularly in areas where the tree coverage is less than 20 per cent.
15 The project can show that affordability and sustainability are secured, for example, by the involvement of a housing association, co-operative, trust or other social body whose continuing interest in the property will ensure control over subsequent changes of ownership and occupation.
From The Rural Planning Group of The Land is Ours. Defining Rural Sustainability; 15 Criteria for Sustainable Developments in the Countrysidetogether with Tree Model Policies for Local Plans. TLIO 1999
This Land Is Ours website; www.tlio.org.uk/chapter7 16.6.06
New Permaculture Use Class Guidelines
TLIO Low impact steering group working paper
Temporary (land will recover)
The time period for recovery will be site specific ... possibly within 1 year, there should be an ecological survey of the original biodiversity of the land.
Small scale
As appropriate, look at the scale of operation, limit on number of buildings, height, specify high labour low mechanical operation, viability set at social security level approx. £2000/adult/year, should be a rural business use class.[RH 1g]
Unobtrusive
Consider tree planting/green cover scheme, local authorities (Hampshire noted) have useful guidelines on where and how to site farm buildings, PPG7 Par. 1.10 and 2.18.[RH 3,4]
Local materials
Limit materials used not the design of structures, respect local traditional architecture (pre industrial revolution), roofs constructed of thatch or turf, rough earth track not tarmac. [RH 1f,6]
Protect wildlife and biodiversity
Strategic Permaculture design for the site. Look at traditional/indigenous land use, consider control/containment of invasive wildlife (rabbits, birds etc.) and consult experts, use information from ecological survey, consider (5 year) woodland management policy. [RH 1b,1c]
Low use of resources/renewables (also non polluting)
No mains water, sewage, electricity. Talk to Environmental Health about separation of fresh water and sewage, consider reedbed sewage disposal system, hooking into national grid on a two-way scheme, wind generator for electric fencer and use surplus, wind pumps for water (permission to abstract), water collected from roofs, NRA, can the site offer reduction in adjoining watercourse contamination? [RH 1d,1e,2]
Transport (doesn’t generate motor traffic)
Reduce traffic by not commuting to your land any more, horse transport, maximum number of vehicles on site, prohibit vehicles, consider possibility of planning gain by offering to provide public transport and/or cycle paths. PPG 13. [RH 7]
Sustainable use
What are buildings used for? balance inputs and outputs. Plan to minimise inputs and to make those inputs local wherever possible. [RH 1a,5]
Positive environmental benefit
Grant public access except for parts of cultivated areas and curtilage of dwellings, nature reserve. Development often treated as a threat by local authorities because there is lots of money to be made by pushing development through on agricultural land. When it’s not money motivated development can be positive.....(e.g. lowland crofting) local authorities may be coming round to this view.
How self regulation might work:
Regulating body
Code of practice with conditions, sanctions and penalties.
RH = Rob Hopkins proposals: Permaculture, a new approach for rural planning, p51. Suggest a sub-committee of the Permaculture Association to accredit applications in the light of a lack of government policy in this area.
Planning Aid tel: 0207 377 9561, 0121 693 1201
http://www.rtpi.org.uk/planaid/aid.html
http://www.planning-applications.co.uk Online Planning Aid by RICS
http://www.planningsanity.co.uk
Chapter 7
The Planning Office of The Land Is Ours
‘All countries should . . . strengthen the indigenous building materials industry, based, as much as possible, on inputs of locally available natural resources . . . promote the increased use of energy efficient designs and technologies and sustainable use of natural resources . . promote the use of labour-intensive construction methods . . . develop policies and practices to reach the informal sector and self-help builders . . . discourage the use of construction materials and products that create pollution during their life cycle.’
From: Agenda 21 Chapter 7
Chapter 7 is a UK organization which campaigns to provide access to land for all households through environmentally sound planning.
Chapter 7 lobbies for:
• Firmer guidance on what distinguishes a sustainable development from an unsustainable one;
• Policies which permit low impact and sustainable developments and/or exclude unsustainable developments.
• Alternatives to the proliferation of car-based urban sprawl
• The safeguarding of some urban land for sustainable low-profit use, including affordable housing, workshop space and yards, markets, independent shops, public transport facilities, allotments, community projects and gardens.
• Planning policies and procedures which cater for the special needs of self-built homes and workplaces and the community provision of facilities.
• Strengthening the public’s right to appeal against major development proposals.
• Bringing major agricultural activities within the planning system.
Chapter 7 presses for these measures, by publishing reports and newsletters; responding to Government consultation papers; liaising with the media; lobbying decision-makers and local councils; providing a planning consultancy service for low impact developments; and publicizing and supporting appropriate direct action. Chapter 7 also helps individuals and groups who are trying to gain planning permission to fill in their planning applications, submit appraisals, and fight appeals.
They have also produced a series of DIY Planning Briefings for anyone thinking of doing low-impact or sustainable development in the countryside.
1. Introduction to the Mysteries of the Planning System
2. Should I Move on or Apply First
3. Putting in a Planning Application
Available on the Chapter 7 Website : http://www.tlio.org.uk/chapter7
The Potato Store, Flaxdrayton Farm, S Petherton, Somerset, TA13 5LR; chapter7@ tlio.org.uk
[edit] More detailed planning consent issues
“It is perfectly OK to see planners as interfering bureaucrats suppressing individual initiative in the interests of the capitalist economy, because that is what they are. But they are also the voice of society saying “Oi, that land doesn’t belong just to you; it also belongs to the rest of us, to the local community, to the flora and fauna, and to the planet as an interconnected ecosystem, and before you use that bit of land to satisfy your every petty need and fancy, we want to know that you’re going to do this in a way that respects all of us who have an interest in that land.” This Land Is Ours website; www.tlio.org.uk/chapter7 16.6.06
Sooner or later in the process of setting up an intentional community, be it a low-impact group wanting to live in a piece of woodland, a conversion of an existing large house or a new build cohousing project, you are going to have to deal with the planning system. Planning, or Development Control, can often appear to be some sort of obscure, arcane and at times bizarre dance between council bureaucrats on the one hand who say they are implementing national & local policies, following this or that guidance or plan and the rest of us ordinary mortals who can’t quite grasp why we have to jump through so many hoops ‘just to put a solar panel on our house.’ Or whatever it is we want to do with what we consider to be ‘our land’!
The planning system can seem to be made up of an endless set of fixed rules, however the way planning works is significantly different from law. Applications and appeals are not assessed against precisely worded legal prohibitions, but are supposed to be decided by weighing up all the arguments for and against any proposed development. Whilst professional planners make recommendations, and take the more clear-cut planning decisions large, unusual or controversial applications are made by local councillors on a planning committee who may well make a different interpretation of all the plans and guidelines than the planners. Which may or may not be in your favour, but it does mean that the process is somewhat flexible and can change over time. Which is why the planning system has lasted so long without any real challenge to its existence – policies may come and go but ‘planning’ remains – and it must be said is the envy of many other countries.
What you need to apply for?
Applying for planning permission can be a long drawn out process which can cause delay and disruption to your plans. A simple planning application will be approved or rejected by most councils in 8 weeks. But anything out of the ordinary can take 3 months or more to get through the whole process. Having a planning consultant, architect, building surveyor or designer to advise you or act as your agent and carry out the planning application out for you may increase your chances of success and help speed things up.
To apply for planning permission you will need forms from the Local Authority - the Council. (often available online these days) The actual application is made up of a number of forms that you will have to fill out – these vary in detail around the country but follow the same basic format
You will also need properly drawn up plans. These don’t need to be drawn by an architect. But they do need to show all the details of your proposed development. You will have to provide multiple copies (maybe 4,6, or 8 - it depends) of everything. Inc:
• Location plan (taken from OS map 1:1250 scale)
• Existing site plan – with boundaries outlined in red. (1:500 scale)
• Proposed site plan – showing details of proposed development.
• Layout plans and elevations of any existing structure on site.
• Layout plans and elevations of proposed new building(s). (1:50 or 1:100 scale.)
• Details of materials to be used.
• Details of trees to be felled and any proposed landscaping.
Before making your planning application there are a number of things that you can do give yourselves the best chance of success and to help the process go as smoothly as possible.
Talk to your neighbours. The council will inform your immediate neighbours of your proposals and invite them to send their comments in to the planning department. If the first thing your neighbours know of any work being carried out is via planning notices they may be less receptive to the idea. They will also consult with Town or Parish Councils and other organisations such as the highways authority and their own environmental health officer. The planning application may also be advertised in the local newspaper. All notified parties have a maximum of 21 days within which to put forward any comments. Your application will be on public file for inspection by the general public, residents’ association and local amenity groups such as the Civic Trust. It is therefore important that the application, drawings and any supporting documents be clear, helpful, well set out and understandable by ‘ordinary people’ as well as planning professionals.
It can help to discuss your plans with a council-planning officer before you apply formally. To be as sure as possible that you’ll get planning permission, you need a design which both you and the Council will be happy with. The planners will consider your scheme in the context of any Local Plan (currently changing into into a 'Local Development Framework' – a sort of rolling Local Plan.). Consult the Local Plan, negotiate with the council planners - and amend your plans if necessary.
The other person(s) to talk to are your local councillors. If you can get your local councillor on your side it could be very helpful in getting your application through the planning committee. Support from your local councillor will help with overcoming objections and in finding your way through local planning issues. If your local councillor is on the planning committee they may no be able to publicly be seen to support you as they have to remain impartial until they have heard all sides to an application – ie: until the planning meeting. Having said that equally local councillors can cause all sorts of problems if they are opposed to your project. They can also be a complete waste of time and effort – it all depends on the particular councillor.
Whilst councillors on the planning committee are supposed to be impartial and to view each application objectively in line with their councils policies and national planning guidelines they are also politicians, who have an interest in the views and opinions of those who vote for them. They also have party loyalties that can override any obvious interpretation of planning policy. (Don’t get too despondent if your local councillors and planners are set against you – if they are acting unreasonably you can appeal their decision. – see Planning Appeals p???)
If a planning application is relatively straight forward – if it is clearly supported by the councils policies or clearly ruled out by them – then the decision is often delegated to council planning officers and is not referred to the planning committee.
There are two basic forms of planning application; Outline Planning Permission – followed by Detailed Planning Permission and Full Planning Permission (mention fees)
Outline planning permission
Outline planning permission gives an indication of type and extent of a development – layout & footprint and the height of buildings, and needs to include a simple drawing showing these basic details of the proposal. Outline planning permission is subject to a condition that full planning details will need to be approved before building can commence. Building plots for sale can be purchased with outline planning permission. Outline planning permission is valid for up to five years but you have just three years in which to apply for Detailed Planning Permission.
Detailed Planning Permission
An application for detailed planning permission must be submitted within three years of outline planning permission being granted. This requires plans showing full details of the development proposed. Building must commence within 2? years of permission being granted.
Full Planning Permission
Full planning permission is a combination of outline planning consent and detailed planning consent - with all detailed information submitted in a single application. Full Planning Permission is common where the proposed development is contentious. Plots in conservation areas or next to listed buildings are often sold with full planning permission, to ensure that your plot of land can be built on.
You have five years from the date of consent on Full Planning Permission in which to start work – after that your consent lapses unless you re-apply for an time extension.
NB: New planning consent does not override an existing planning permission. A new planning application for the building you wish to build will not jeopardise existing permissions.
Listed Building Consent
In addition to planning permission if your building is a Listed Building – that is listed for its historical or architectural importance – then you will need to get Listed Building Consent for any work you want to carry out. There is no fee for this consent. Planning departments usually have a specialist conservation officer who deals with these matters.
Permitted Development
Some types of development are automatically permitted which means there’s no need to apply for planning permission. These include various roof alterations, extensions, conservatories, garages, sheds & fences etc – as long as they fall within certain criteria – detailed below. If these guidelines are followed permission is deemed to be granted under the Town and Country Planning (General Permitted Development) Order, 1997 (the GPDO).
1 Roof Enlargements and Alterations - Providing that the alterations do not exceed the highest point on the existing roof or materially alter the shape of the dwelling.
2 Sheds & Greenhouses - (and garages more than 5 metres from the house) are permitted if they cover less than 50% of the curtilage of the dwelling and are less than 3m high or 4m, with a ridge roof.
3 Extensions - Permitted up to 70 cubic metres or 15% of the original detached or semi-detached house or: 50 m3 or 10% of a terraced house subject to a maximum in either case of 115 m3 - as long as: (i) Extension does not project beyond front wall of house or is less than 20m from the highway, whichever is the nearest, (ii) Does not exceed highest point of roof, (iii) Does not cover more than 50% of the total curtilage area.
4 Garages and other buildings - Within 5 metres of the house count as an extension.
5 Windows and Porches: Windows – Dormer windows and doors are permitted provided they do not face the highway and do not increase the cubic volume of the house by more than 40 m3. for a terrace and 50 m3. in other cases. Porch: Permitted up to 3 m2 floor area and 3 metres high providing it is more than 2 metres from the road.
6 Hardstanding - Permitted for private car.
7 Vehicle Crossover - Permitted except onto a classified or trunk road.
8 Gates, walls and fences - Permitted up to 1 metre high adjoining a highway and 2 metres elsewhere.
Not all permitted development rights will necessarily apply to your property. Listed buildings, conservation areas and national parks may have restrictions and you should check this with your local council. It is also possible that your property may have had its permitted development rights removed or restricted. This can happen if there has been a previous planning application approved and the planners wanted to restrict further development on the site – this doesn’t entirely rule out doing anything it just means you need to apply for planning permission for it. Again, if in doubt, check with your local council.
Temporary permission
The planning system allows local councils to grant temporary planning permissions usually for a period of three or five years. These are widely used by local authorities in cases where, for instance, a temporary building such as a portacabin is being used whilst a permanent building is being built. It is also used to give the council time to assess the impact of experimental and agriculturally linked proposals by allowing say a caravan to be used as accommodation on a smallholding. This may well be a route for low-impact projects where planners may be sympathetic, but are reluctant to give outright planning permission for the project. Temporary permission can be even tied to one occupier which effectively makes the development unsaleable. There is nothing wrong with this; it is a sensible means of assessment and a deterrent to speculators. Council’s also have the power to extend temporary permissions after the three or five years has passed. Though trying to go for repeated renewals of temporary permission would not be a very satisfactory way of regulating projects that would depend upon any permanent structures to be successful and could lead to a 3 or 5 year community stress cycle.
There are however potential drawbacks. The governments Planning Policy Guideline (PPG7) which covers temporary permissions states, in respect of proposed agricultural dwellings: `It will normally be unsatisfactory to grant successive extensions to a temporary planning permission. In considering applications for temporary accommodation, authorities should normally work on the basis that it will be translated into a permanent dwelling if the agricultural unit proves viable. Thus they should not normally grant temporary permissions in locations where they would not grant a permanent dwelling’. This can make some council’s very reluctant to grant temporary permissions, but despite these recommendations, planning authorities and appeals Inspectors have frequently extend temporary planning permissions for a second term. so frequently in fact that “one wonders whether, in many cases, the authority originally had no intention what¬soever of permitting a permanent dwelling, and granted temporary permission the first time round in the hope that by the time three or five years had elapsed, the applicant would have given up and gone away.” Simon Fairlie. Low Impact Development.
Planning conditions
Local council’s can impose particular conditions when granting planning permission in order to control the appearance or impact of a building development. They are also frequently used to control the way in which a building can be used. For example by tying it to agricultural use, or to seasonal use, or by restricting the permission to a temporary period. But there are also a large number of other ways in which planners can use conditions – not all of which are necessarily a hindrance. But by agreeing to them it may make the difference as to whether or not you get planning permission.
Conditions should only be imposed when they are (a) necessary, (b) relevant to planning, (c) relevant to the development to be permitted, (d) enforce¬able (e) precise and (f) reasonable in all other respects’. (These six criteria are explained in some detail in DoE Circular 11/95: The Use of Conditions in Planning Permissions.)
Refusal and Appeals
A refusal of planning permission is bad news, but not necessarily the end of the story. If you find yourself in this position you have a couple of options open to you. One option would be to negotiate with the planners to try and address their objections and then submit a new - modified - application for planning permission. You can do this free of charge within 12 months of your original application. This may be a quick and cheaper alternative to a full appeal.
To appeal a planning permission refusal, you must do so within 6 months of the refusal date. Your planning appeal will be considered by The Planning Inspectorate.
Appealing a refusal of planning permission can be decided by one of three different procedures. These are Written Representations; a Hearing; or a Public Inquiry. You (and your local council) can express a preference for which way you want the appeal to be dealt with, but you may be overruled. You will need to submit a planning permission appeal form and an appeal statement giving all the reasons why you feel that you should be granted planning permission. In the appeal statement you need to present counter arguments to the reasons given by the planners for refusing your application in the first place. These need to be based mainly on planning arguments quoting planning law, the Council’s Local Development Framework policies and decisions from other areas that can be cited as precedents. But you can also bring in other arguments that you feel the planners failed to take into account. At some point the Inspector will make a site visit to see the property. An appeal decision will usually be given within about 3 months of the submission, or longer if it’s a Public Enquiry. Unless there has been some sort of legal error, a planning inspector’s decision is supposed to be absolutely final - however - in some cases even if the planning inspector upholds the original refusal decision there is one last chance to get planning permission. Springhill cohousing group in Stroud went through the whole planning process; application, refusal, appeal and refusal upon appeal. But the planning inspector did not agree with all the reasons given for refusal by the local planning department. Which gave the group the opportunity to submit a new planning application that addressed the reasons that were upheld by the inspector, but keeping the scheme pretty much as originally applied for. Having already gone through the appeal procedure once the local council had very little option but to approve the ‘new’ plans.
Building Regulations
Once you have got planning permission you will still have to submit further plans to the local council’s building control department to get permission to build under the building regulations. The building regulations consist of a number of separate booklets known as Approved Documents which your building project must comply with. Getting approval for building regulations is not a political matter and there are no committees to go before or councillors to lobby. You just have to get agreement from your appointed building inspector that what you intend to do complies with the methodology and guidelines as set out in the Approved Documents. Any architect worth their fee should have no problem in getting your plans approved and this can be done at the same time as applying for planning permission, which can save you time. As with planning permission, there are a number of small works that do not require a building regs application, but a project as large as a house, or even a small extension will fall inside building control. If you plan to build using fairly conventional methods of construction then getting building permission is generally not too difficult and often building inspectors are happy to give advice. However if you are planning to use unusual techniques, or materials then you will have to work harder to explain how your proposals comply with the regulations. Being able to point to precedents where the techniques have been approved elsewhere will help your case enormously.
Doing things without planning permission and planning enforcement
“It is not an offence to carry out development without first obtaining any planning permission required for it” ( PPG18 Para 6) It only becomes illegal when what is known as an enforcement notice against you comes into effect or if the planning authority issues what is known as a stop notice. You are usually given 3 to 6 months to comply with an enforcement notice and you can appeal against them. Many people have used this legal laxity to carryout developments without apply for planning permission
In most cases your council has four years in which to take enforcement action against you – if you manage to avoid detection during that time and are able to prove that you carried out the work over 4 years ago then your building will be allowed to stay. (You need to really have some sort of third party confirmation, such as a dated builders invoice, a photo with you in front of your eco-house holding up a four year old newspaper will not be adequate.)
If you manage to do this you will find yourselves in a strange planning-limbo-land, because whilst the four year rule applies to ‘Any building, engineering or other works which have taken place’’ another rule, the ten year rule, applies to ‘Any change in the Use of land and buildings’. So you may have a perfectly adequate building but no lawful use for it. In reality there is a fairly high probability that the planners will quietly ignore you and many people continue to live in planning limbo land without much hassle – however it could well cause complications should you wish to sell your property.
“The planners and the planning system are there to make you think about the way you use your land. Do you really need to live on it or are you just indulging a whim to live in attractive surroundings that if it were pursued by everyone would result in the destruction of the countryside? Are you prepared to take on looking after 30 acres, wouldn’t you be better off living in a village close to the school and the shop and gardening an allotment that won’t be ransacked by deer and badgers? Is living on your land really going to minimize your car use, or are you in fact going to use more petrol going off to part-time jobs, nipping off to a decent pub three villages away, ferrying your kids to extra-curricular activities or inviting your mates round for supper?"
Simon Fairlie. Low Impact Development: Planning and People in a Sustainable Countryside
