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planning-applications.co.uk |
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AGRICULTURAL BUILDINGS & WORKS
The legislation in this area of planning is complex and you may not
need any permission at all. In order to understand the background, please read
this initial introduction first.
Introduction
Since 1992 the Permitted
Development Rights for general agricultural development have been split into
two Classes of Development:-
CLASS A permission is for
agricultural development on units of 5ha or more, or on parcels within that
unit of at least 1ha.
CLASS B permission is for
agricultural development on units up to 5ha, or on parcels within that unit of
at least 0.4ha.
Whereas Class A permits any
building works, excavation or engineering operations (subject to conditions),
Class B is limited to more specific types of development.
In both cases development is
also subject (in certain cases) to the requirement for PRIOR NOTIFICATION
to the Council. This is required in order to give the Council the opportunity
to consider whether prior approval should be given to the siting, design and
external appearance of the building or other development.
Permitted
development rights are not applied to any development that, if a planning
application were to be made for the development, would require an environmental assessment.
However, some types of
agricultural development require no permission at all and are not affected by any
requirement for environmental assessment, nor can they be taken away by an Article 4
Direction.
Section 55 of the Town &
Country Planning Acts 1990 provides that:
"the use of land for
the purpose of agriculture or forestry (including afforestation) and the use
for any of those purposes of any building occupied together with the land so
used" does not
constitute "development".
Development is not therefore
involved in the following cases (the list is not exhaustive):-
- Changes of use within agriculture. A barn used for machinery could be used for
housing animals or feedstuffs etc. Arable land could be changed for use
as animal grazing. A building could become a farm shop, but only where it
is selling produce from the farm and remains ancillary to the primary use
of the land and buildings for agricultural purposes.
- Changes of use from non-agricultural to
agricultural use. It is possible to change the use of any land
to an agricultural use without requiring planning permission. Land also
includes buildings. A reversion to the previous non-agricultural use some
time later would, however, then require planning permission for the
change of use.
- Placing structures on land. Structures may be placed on agricultural
land for agricultural purposes without the necessity for obtaining
planning permission. However, no building or engineering works must be
involved. So a new barn will require permission (see later) but pig arcs
or cattle feeders etc do not.
If you are in any doubt
about whether permission is required seek guidance from the Council first.