My property in Wales borders fields where sheep graze.
I recently bought one of the farmer’s fields so that our children could play there, as our garden is small.
We have installed goal posts and a trampoline, but now our neighbor says that is not possible without building permits because it is agricultural land.
She says we have to take away the playground equipment. Is she right?
Name and address provided
There is a real planning problem here, although it is not as simple as saying that a trampoline on agricultural land automatically requires planning permission.
The key question is not the trampoline or the goal posts themselves. It’s the way the land is used now.
The fun is over: a reader has been told he can’t have a trampoline and goal posts on a pitch he bought at the back of his garden (file photo)
If this was genuine agricultural land used for sheep grazing, and you incorporated it into your property and used it as an extension of your garden for private recreation, this could amount to a material change of use.
In Wales, a material change in land use may amount to a development requiring planning permission. The Welsh Government guidance also makes it clear that recreational use of land can be distinguished from agricultural use.
Even if you were to move the equipment, this in itself would not solve the scheduling question. The council looks at the actual use and character of the land.
Occasional recreational use may be treated differently than land that has effectively become part of your own garden. The same principles apply in England.
It is not entirely correct for your neighbor to tell you that ‘a trampoline on agricultural land requires planning permission’.
The more accurate explanation is that the transition from agricultural use to domestic recreational use may require permission.
Your next step should be to contact the relevant local planning authority in Wales and ask whether you need to apply for retrospective planning permission for a change of use.
I would also keep relations with neighbors as cordial as possible. A calm conversation can sometimes yield more results than a scheduling battle.
New carpet was worn out after just four years, but the store we bought it from blames the manufacturer?
We bought a new carpet four years ago and it is already very worn. We complained to the store and the company came out and took pictures.
Now it says it is a manufacturing defect and we need to contact the manufacturer who says we had a contract with the retailer. Who should arrange this?
RH, Suffolk
The retailer tries to pass on the bill. Your contract is part of it. You paid the retailer for the carpet, so your legal rights under the Consumer Rights Act 2015 are against the retailer and not the manufacturer.
The store can’t just tell you to sue the manufacturer because it thinks that’s where the problem originated. It is the retailer’s job to do business with you, even though they may have their own rights against the manufacturer.
By law, goods must be of sufficient quality, which also includes being sufficiently durable.
Whether a carpet that is very worn after four years falls under that standard depends on factors such as the quality, the price, the expected lifespan and the way in which it has been used.
But if the retailer has inspected it and concluded that the deterioration is due to a manufacturing defect, that may be to your advantage.
There is one complication. After four years you are well outside the period in which the law assumes that the defect was already present when you bought the carpet.
You will therefore usually need to determine that the problem was inherent and not simply the result of normal wear and tear, misuse or damage. The retailer’s own findings can be important proof of this.
In terms of resolution, you may be entitled to a repair or replacement, or a price reduction.
Write to the retailer, citing the Consumer Rights Act 2015 and referring specifically to the inspection and conclusion that there was a manufacturing defect.
Ask him to propose a suitable solution. If the company still refuses to work with you, you may want to consider filing the claim through small claims court.
