The Hobbs Parker Blogs

We are looking for an enthusiastic and ambitious candidate with Property Valuing and Negotiation experience to manage our Ashford Homes Estate Agency. This is a full time position and comes with responsibility and opportunity.

Read more...

The Court of Appeal has overturned a decision by the High Court and found that a decision to grant permission for polytunnels on a farm in the Wye Valley was in fact lawful.

The farm was granted planning permission in 2008 for polytunnels covering 255ha, of which no more than 54ha would be covered at any onetime.

Following grant of permission Wye Valley Action Association mounted a legal challenge to the council’s decision arguing that the council should have carried out an environmental impact assessment because putting up the polytunnels amounted to “projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes” under the EIA regulations.

In December 2009, the High Court agreed with the action group that the council had made an ‘error in law’ in failing to carry out an environmental impact assessment.

Lord Justice Richards, sitting with Lord Justice Rix and Lady Justice Smith, ruled the council was entitled to have concluded that the site was neither ‘uncultivated’ nor ‘semi-natural’.

Giving the leading judgment, Lord Justice Richards said: “There does seem to me to be a fundamental contrast between ‘semi-natural areas’ and land that is subject already to intensive cultivation.  Natural England’s guidance expressly excludes all arable and horticulture land from the types of land considered to be semi-natural areas.  In my view that is a proper reflection of the meaning of the term.”

This decision is of particular relevance to the farmers in the AONB in Kent and it removes what would have been a significant hurdle to overcome if they were seeking planning permission for polytunnels, or indeed any other development that was considered be a project using uncultivated or semi natural areas for intensive agricultural purposes.

If you are interested in using polytunnels on your farm and wish to seek planning advice or if you need advice on planning matters generally please do not hesitate to contact Jonathan Lee or Eoin O’Connor by calling 01233 506 201 or Email: EoinO@hobbsparker.co.uk 

Hobbs Parker Planning team hosted a successful seminar on Wednesday 8th December, entitled ‘Positive Planning’.  It advised on positive approaches to nature conservation and on the issues arising from the emerging Localism Bill.

There were three speakers at the event: Nick Tardivel, principal ecologist at Lloyd Bore, David Jarman, director of planning at Hobbs Parker, and Ian Rickards, Kent Wildlife Trust.

The event was well attended by a professional audience which included architects, property developers, solicitors, surveyors, local authority planners and councilors. 

If you attended the event and wish to receive an electronic copy of the presentations or wish to be included on our mailing list for future seminars please contact Eoin O'Connor at EoinO@hobbsparker.co.uk

A recent white paper published by the government - Local growth: realising every place's potential has reaffirmed their commitment to introduce neighbourhood plans.

Read more...

November sees a highly attractive offer for Hobbs Parker’s rural trade and farming clients: access to free Planning Surgeries on two of the Livestock Auction days (Tuesdays 16th and 23rd November).  Appointments need to be booked ahead, but that gives an initial 15 minute session with an experienced Planning Consultant – at no cost - to discuss any planning issues, potential development proposals or other queries.

Read more...