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AGRICULTURAL BUILDINGS & WORKS


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DO I NEED PERMISSION?

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):-

If you are in any doubt about whether permission is required seek guidance from the Council first.

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