[Rob Brownfield]

Been trying to get an answer from "the authorities" but so far they seem clueless.

Does anyone know at what size a garden pond becomes a loch/stank and therefore requires permission to stock with fish?
Cheers

[Hamish Young]

Assuming the pond is man made and has either a stream or spring supplying it and an outflow then I believe it would be classed as a loch for the purposes of stocking fish. If it is a naturally occurring body of water then it may have an indigenous population and permission would be required for stocking fish.
If the pond is standing water, generally uniform in depth and the water has the same temperature throughout then it would classed as a pond and not a loch. I have hear that bodies of water up to an acre in size and man-made can be classified as a pond, over an acre it would be loch/lochan. It's my understanding a stank is either a small body of water which was previously used to supply water for agricultural or industrial purposes, usually with some form of dam or a small stagnant water - on rivers sometimes a small oxbow 'lake' or pool left behind after a winter spate and there still in the summer can be classed as a stank.
However, I rather fear it's more likely whomever you seek permission from will make up their definition on the spot......

H

[Rob Brownfield]

Thanks Hamish...

The pond is a man made affair with run-off from the hill entering it at one end, and a dam at the other.  Any excess water exits a 6" pipe as a "water fall"  that drops around 11 feet onto gravel, that then soaks away. There is a land drain beneath the gravel "splash pad" that leads under the road and then into a soak away.

The water used to be used for the cattle, being pumped to the cattle sheds, but a new system was installed, taking water direct from a spring closer to the sheds, which ensures supply through the winter.

There is a possibility of buying said "pond", which is about 3/4 of an acre and "adding it to my garden".

Naturally, I would want to stock it.

The sticking point seems to be the inflow/outflow.  Inflow is from a spring/run off and is approx. 250 yards long from source to pond. Outflow ends in a soak away.

[Kevin Moss]

I would check the reservoir act aswell.Its not as simple these days especially with dams

[Mike Thornton]

With regard to adding the land to your garden  ;  this could well constitute a "change of use" of the land in planning terms, and could amount to a breach of planning control.    If no one complains you may well get away with it.   However it could cause problems with your deeds should you ever come to sell the property.

[Rob Brownfield]

With regard to adding the land to your garden  ;  this could well constitute a "change of use" of the land in planning terms, and could amount to a breach of planning control.    If no one complains you may well get away with it.   However it could cause problems with your deeds should you ever come to sell the property.

It would all go through a solicitor. The farmer is up for selling the land with the intention it becomes a veggie patch and pond No dodgy dealing, all above board.

[Mike Thornton]

  I formerly worked as a council planning officer.  The reason I got in touch was to try and explain that the change of use of the land from agricultural , to residential/ domestic use , actually requires planning permission.  Many solicitors are not fully familiar with planning legislation.  They will be happy to carry out the conveyancing as long as they get their fee.
   If you go ahead and chance it , his could lead to problems later on.  It will be of no concern to the solicitor or the farmer.  They will be quids in.   May be best to run your proposals past your local council planning office.  They will be able to advise you and there will be no fee.

[Rob Brownfield]

  I formerly worked as a council planning officer.  The reason I got in touch was to try and explain that the change of use of the land from agricultural , to residential/ domestic use , actually requires planning permission.  Many solicitors are not fully familiar with planning legislation.  They will be happy to carry out the conveyancing as long as they get their fee.
   If you go ahead and chance it , his could lead to problems later on.  It will be of no concern to the solicitor or the farmer.  They will be quids in.   May be best to run your proposals past your local council planning office.  They will be able to advise you and there will be no fee.

Thanks for that, very enlightening. I am not 100% sure if this bit of land was formally agricultural as it sits at the base of a forested area which was existent on old 1760's maps we found. It looks as if it may have always been "rough land" and certainly noy ploughed or used for grazing...but yes, I will get it checked if the farmer decides to sell. Thank you.