The definition of Agriculture
Section 336 of The Town and Country Planning Act 1990 provides the definition of agriculture:
"...includes horticulture, fruit growing, seed growing, dairy farming, the keeping and breeding of livestock (including any creature kept for the production of food, wool, skins, fur, or for the purpose of the farming of the land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and 'agricultural' shall be construed accordingly".
Please note this doesn't include equestrian land, you can find more information on our dedicated advice page on this topic; Use of land for equestrian purposes.
What is an "Agricultural trade or business?"
The definition of Agricultural land is land before development permitted by a Part 6 development is carried out. In general all greenfield land outside of curtilage (inc garden) is considered to be agricultural land unless some other consent changes this. Please note there must be an existing agricultural trade or business in operation on the land in order for the farmer/landowner to benefit from agricultural permitted development rights. However, there is no requirement for that trade or business to be profitable or of a certain scale. It simply means that the land must be generating produce which is then sold on - hay production and sheep grazing, for example, would both be acceptable.
The General Permitted Development Order (GPDO) 2015 (PN)
Agricultural Permitted Development Rights (PDRs) are useful procedures that make certain types of development quicker and easier to secure. PDRs allow landowners to build or, extend route without going through the Full Planning Permission process, instead using 'Prior Notification'. You should submit a Prior Notification to your Local Planning Authority (LPA) containing sufficient information about your site and plans to help them reach a decision as to whether the proposal meets the criteria of the relevant section of the GPDO (General Planning Development Order 2015) and whether Prior Approval is required.
What is Prior Notification?
Prior Notification is, in essence, the process of serving notice on the LPA of your intention to undertake works granted through Parliament by means of the GPDO. This may sound complex but this is different from a planning application which (by virtue of it being submitted) accepts that the works a) are Development and b) are not Permitted Development. In a prior notification the Local Planning Authority (LPA) are checking that they agree the details are Permitted Development before work takes place. For example, if you are looking to change an agricultural building into a dwelling house, you must seek Prior Notification under Class Q. It is important that no work should take place before Prior Notification has been approved (hence ,"Prior")
How do I use Permitted Development Rights?
Work must not take place until it has been approved by the Local Planning Authority. You must submit an application to your LPA for confirmation of whether 'Prior Approval' is needed for the sitting, design and external appearance of a building, work or excavation. This application currently costs around £96, (no VAT applied, last updated January 2023) . You should include a written description of the proposed development, materials and a plan showing the site. The Local Planning Authority then have 28 days to confirm in writing whether 'Prior Approval' is needed or not. Where it isn't needed, work can go ahead as long as its in line with the proposal submitted. Where it is needed, the Local Planning Authority may ask for some more details or changes to sitting, design and materials. A notice containing specified information must be publicly displayed at the site. If it is to go ahead, development must be started within 5 years or the approval lapses.
How to measure the area of your land
If you are unsure of the exact size of your land holding - you can measure this easily (and fairy accurately) by using Google Maps. Simply find your address, right click and select "measure distance", then click to draw around the area of your land, all points must link up to the original point to get the correct size of land.
What is a "Protected Building"?
Most non-agricultural buildings and dwelling houses are considered to be protected buildings but houses occupied by farm workers are not. This is reasonable as as people working on a farm would expect disturbance such as, agricultural machinery, dust and livestock.
What types of Agricultural PDRs are there?
Section 336 of The Town and Country Planning Act 1990 provides the definition of agriculture:
"...includes horticulture, fruit growing, seed growing, dairy farming, the keeping and breeding of livestock (including any creature kept for the production of food, wool, skins, fur, or for the purpose of the farming of the land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and 'agricultural' shall be construed accordingly".
Please note this doesn't include equestrian land, you can find more information on our dedicated advice page on this topic; Use of land for equestrian purposes.
What is an "Agricultural trade or business?"
The definition of Agricultural land is land before development permitted by a Part 6 development is carried out. In general all greenfield land outside of curtilage (inc garden) is considered to be agricultural land unless some other consent changes this. Please note there must be an existing agricultural trade or business in operation on the land in order for the farmer/landowner to benefit from agricultural permitted development rights. However, there is no requirement for that trade or business to be profitable or of a certain scale. It simply means that the land must be generating produce which is then sold on - hay production and sheep grazing, for example, would both be acceptable.
The General Permitted Development Order (GPDO) 2015 (PN)
Agricultural Permitted Development Rights (PDRs) are useful procedures that make certain types of development quicker and easier to secure. PDRs allow landowners to build or, extend route without going through the Full Planning Permission process, instead using 'Prior Notification'. You should submit a Prior Notification to your Local Planning Authority (LPA) containing sufficient information about your site and plans to help them reach a decision as to whether the proposal meets the criteria of the relevant section of the GPDO (General Planning Development Order 2015) and whether Prior Approval is required.
What is Prior Notification?
Prior Notification is, in essence, the process of serving notice on the LPA of your intention to undertake works granted through Parliament by means of the GPDO. This may sound complex but this is different from a planning application which (by virtue of it being submitted) accepts that the works a) are Development and b) are not Permitted Development. In a prior notification the Local Planning Authority (LPA) are checking that they agree the details are Permitted Development before work takes place. For example, if you are looking to change an agricultural building into a dwelling house, you must seek Prior Notification under Class Q. It is important that no work should take place before Prior Notification has been approved (hence ,"Prior")
How do I use Permitted Development Rights?
Work must not take place until it has been approved by the Local Planning Authority. You must submit an application to your LPA for confirmation of whether 'Prior Approval' is needed for the sitting, design and external appearance of a building, work or excavation. This application currently costs around £96, (no VAT applied, last updated January 2023) . You should include a written description of the proposed development, materials and a plan showing the site. The Local Planning Authority then have 28 days to confirm in writing whether 'Prior Approval' is needed or not. Where it isn't needed, work can go ahead as long as its in line with the proposal submitted. Where it is needed, the Local Planning Authority may ask for some more details or changes to sitting, design and materials. A notice containing specified information must be publicly displayed at the site. If it is to go ahead, development must be started within 5 years or the approval lapses.
How to measure the area of your land
If you are unsure of the exact size of your land holding - you can measure this easily (and fairy accurately) by using Google Maps. Simply find your address, right click and select "measure distance", then click to draw around the area of your land, all points must link up to the original point to get the correct size of land.
What is a "Protected Building"?
Most non-agricultural buildings and dwelling houses are considered to be protected buildings but houses occupied by farm workers are not. This is reasonable as as people working on a farm would expect disturbance such as, agricultural machinery, dust and livestock.
What types of Agricultural PDRs are there?
|
|
|
Important information about Listed Buildings and Curtilage Listed Buildings
Please note that, regardless of the need for Planning Permission, if any of your farm buildings are Listed or Curtilage Listed, then an application for Listed Building consent is likely to be required for any alterations. Please note that it is a criminal offence to carry out works to a Listed/Curtilage Listed Building without consent from the Local Planning Authority . Curtilage Listed Buildings (CLBs) can include buildings which are not listed in their own right, but pre-date 1948 and are located within the curtilage of a main Listed Building. This situation may occur, for example, if there is a main Listed farmhouse with historic outbuildings. Please click HERE for more useful information on Listed Buildings and Listed Curtilage Buildings.
What happens if Permitted Development Rights have been withdrawn?
This is important. The LPA may have removed your Permitted Development Rights by issuing an 'Article 4' direction. Whilst rare, this is something to clarify as this will mean that you have to submit a Planning Application for work which normally does not need one. 'Article 4' directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas and relating to heritage assets or where the preserved uniformity of an area is a key positive attribute. You will probably know if your property is affected by such a direction, but you can check with your Local Planning Authority (LPA) if you're not sure.
Please note that, regardless of the need for Planning Permission, if any of your farm buildings are Listed or Curtilage Listed, then an application for Listed Building consent is likely to be required for any alterations. Please note that it is a criminal offence to carry out works to a Listed/Curtilage Listed Building without consent from the Local Planning Authority . Curtilage Listed Buildings (CLBs) can include buildings which are not listed in their own right, but pre-date 1948 and are located within the curtilage of a main Listed Building. This situation may occur, for example, if there is a main Listed farmhouse with historic outbuildings. Please click HERE for more useful information on Listed Buildings and Listed Curtilage Buildings.
What happens if Permitted Development Rights have been withdrawn?
This is important. The LPA may have removed your Permitted Development Rights by issuing an 'Article 4' direction. Whilst rare, this is something to clarify as this will mean that you have to submit a Planning Application for work which normally does not need one. 'Article 4' directions are made when the character of an area of acknowledged importance would be threatened. They are most common in conservation areas and relating to heritage assets or where the preserved uniformity of an area is a key positive attribute. You will probably know if your property is affected by such a direction, but you can check with your Local Planning Authority (LPA) if you're not sure.