Are you asking: can you get planning permission on agricultural land? Kent Property Witness is a RICS surveyor who offers land and development advice in Tonbridge and Kent. We look at initial considerations and how to get planning permission for building on agricultural land.
How to Get Planning Permission on Agricultural Land
Getting planning permission for new developments or houses on remote agricultural land can be challenging. However, there are alternative options to consider if you're a farmer, smallholding owner, or involved in an agricultural business.
One potential avenue is applying for an agriculturally tied dwelling. This involves seeking planning permission for a modest agricultural worker's dwelling on agricultural land, usually limited to 100m² (with exceptions up to 25% additional space).
Such applications are often made as part of succession planning or when existing farm accommodation is inadequate. To support your application, you'll need to submit a full planning application along with an agricultural needs assessment, incorporating a business plan prepared by an agricultural consultant or rural advisor.
You must also provide evidence demonstrating the lack of suitable local accommodation alternatives and the necessity for on-site presence to tend to livestock or ensure security. If successful, the granted permission is typically tied to agricultural use.
Another option in certain circumstances is obtaining temporary planning permissions for mobile homes. This can be applicable when there is a temporary need for accommodation, such as during specific seasons or periods of temporary agricultural employment like lambing or fruit picking.
Temporary permissions are granted with specific conditions, including defining the duration and occupancy limitations.
In rare cases where residential use on agricultural land has become established over time without planning permission, it may be possible to seek a Certificate of Lawful Existing Use or Development (CLEUD).This process regularises the residential use, acknowledging its lawful status.
To obtain a CLEUD, specialised planning advice is crucial to gather the necessary evidence, such as addressed bills, dated photographs, and witness statements.
It's important to note that these alternative options have specific criteria and requirements. Seeking advice from professionals experienced in agricultural planning is essential to navigate the process successfully and ensure compliance with local planning regulations.
Obtaining planning permission on agricultural land can be complex, and success may depend on various factors. By exploring available options and seeking expert advice, you can make informed decisions tailored to your specific circumstances while adhering to local planning regulations.
Initial considerations for building on agricultural land
When considering building on agricultural land, it is important to approach the process with caution and consider various factors. Despite advertisements promising residential development potential, obtaining planning permission for such projects on agricultural land is challenging.
Awareness of the limitations and potential obstacles can save you from investing in unattainable prospects. Building on agricultural land must comply with strict regulations to protect the environment and preserve the agricultural value of the land.
Government guidance emphasises sustainable soil management and restricts inappropriate or unsustainable development proposals on the "best and most versatile" agricultural land. While residential development may be improbable, there are valid reasons to seek planning permission on agricultural land.
Farmers may require additional development to support their agricultural activities or generate additional income. Permission can also be sought for rural worker housing or repurposing existing buildings within agricultural settings.
Understanding permitted development rights specific to agricultural land is crucial. These rights allow certain types of development without full planning permission, providing opportunities within the agricultural context. Seeking professional advice from architects, planning consultants, or specialists experienced in agricultural planning is highly recommended.
Their expertise can guide you through the complexities of planning regulations, ensuring compliance and increasing your chances of success. Approaching the building process on agricultural land with realistic expectations and professional guidance enables informed decisions and potential development opportunities within the agricultural framework.
What is defined as agricultural land?
In the UK, agricultural land predominantly comprises pasture (grassland) and arable areas that are typically found in rural countryside regions. These lands are primarily used for farming activities, including crop cultivation and livestock rearing.
If you own a farm or engage in farming or forestry-related businesses, the buildings and structures on your land are considered to be in agricultural use. For such holdings, an Agricultural Holding Number is usually issued by the Department for Environment, Food and Rural Affairs (Defra) to correspond with the specific agricultural holding.
It's important to note that land and buildings exclusively used for keeping horses have a separate classification known as equestrian use, which differs from agricultural land. However, if the land is solely utilised for horse grazing and not for sheltering, housing, or riding horses, it is still considered agricultural land. Changing the use of equestrian land back to agricultural use is generally easier than the reverse scenario. In either case, obtaining planning permission for a change of use requires a "full" planning application.
Understanding the distinction between agricultural land and equestrian land is crucial for proper planning and compliance. Consulting local planning guidelines and seeking professional advice can help navigate the process effectively, particularly when considering a change of use between these categories.
What can I build on agricultural land without planning permission?
Understanding permitted development rights is crucial when considering construction on agricultural land. The Town and Country Planning Act 1990 (TCPA) specifies allowable uses for agricultural land, including horticulture, fruit growing, seed growing, dairy farming, livestock breeding, grazing land, market gardens, and more. Ancillary woodland use is also permitted.
Permitted development rights typically apply to agricultural holdings larger than 5 hectares (12.5 acres). These rights enable construction, extension of agricultural buildings, erection of fences, excavation works, and establishment of caravan sites, subject to restrictions.
However, certain aspects may require prior approval, necessitating consultation with a planning agent.
Note that permitted development rights generally do not cover listed buildings, conservation areas, areas of outstanding natural beauty (AONBs), national parks, World Heritage Sites, or Sites of Special Scientific Interest (SSSIs). Local authorities can also remove permitted development rights in the Green Belt.
For construction exceeding agricultural permitted development, a planning application for full or outline planning permission is needed, outlining the intended change of use and additional structures. Seek professional advice to ensure compliance with local regulations and understand specific requirements for your project.
Can I change agricultural land use to residential?
Changing agricultural land use to residential is possible under specific conditions and regulations outlined in Class Q of the General Permitted Development Order (GDPO). However, compliance with certain criteria is essential to ensure adherence to the rules:
- To qualify for the conversion, the building must have been actively used for agricultural purposes on or before 20th March 2013, supported by evidence such as possession of an agricultural holding number.
- The timeframe for eligibility is set to change to a rolling ten-year period, where the building must have been in agricultural use a decade prior to the conversion application.
- Conversion work must not have already commenced, and the building itself must be suitable for conversion without external modifications or roof alterations.
- The size of the building determines the potential for creating multiple residential units. This includes a combination of smaller dwellings (up to 100m2) and larger ones (between 100m2 and 465m2). The maximum permitted conversion area under Class Q is 865m2, encompassing both the ground floor footprint and any newly created mezzanine space.
- Furthermore, any accompanying garden space should not exceed the size of the associated dwelling being created.
Consulting local planning authorities and seeking professional advice are crucial steps when considering a change of use from agricultural to residential. They can provide specific guidance on requirements, limitations, and applicable regulations, increasing the likelihood of obtaining the necessary planning consent for the desired change in land use.
What Are Class Q Developments?
Class Q developments provide an opportunity to convert farm buildings into residential properties, subject to approval from the local planning authority.
This type of development allows for the conversion of existing agricultural structures, such as barns or outbuildings, into residential dwellings, with a maximum limit of five dwellings per conversion.
To proceed with a Class Q development, certain criteria and policies must be considered. One key requirement is that the existing building must be "structurally capable of functioning as a dwelling." This ensures that the building is suitable for residential purposes.
Additionally, the building must have been exclusively used for agricultural purposes on or before 20th March 2013. Meeting these prerequisites, along with compliance with other relevant policies, can strengthen your case for a successful planning application.
Navigating the nuances and specific policies associated with Class Q developments is crucial. Seeking professional advice and guidance from experts in planning and architecture can provide valuable assistance throughout the application process.
With careful planning and adherence to the required criteria, Class Q developments offer an opportunity to transform agricultural buildings into comfortable and habitable residential properties.
Are you looking for land and development advice in Tonbridge and Kent?
Contact our expert witness surveyor to discuss your requirements.