What Can I Build on Agricultural Land Without Planning Permission in the UK?
Introduction
Agricultural land is a valued asset in the United Kingdom, cherished for its productivity and myriad of potential uses. However, landowners often ponder over the types of structures and facilities they can construct on such lands without diving into the intricate web of planning permissions. In this article, we aim to demystify these guidelines and delve deeper into Permitted Development Rights (PDRs) in the context of agricultural lands. We’ve taken the time to collate information from across the U.K, but much of the information presented below is primarily for England. Rules can differ in Wales, Scotland and Northern Ireland, so it’s always best to check with your local council for any specific queries.
Permitted Development Rights (PDRs)
PDRs grant landowners the leeway to undertake certain development activities on their properties without requiring full planning permission. In essence, PDRs simplify the process for those wishing to build, extend, develop, convert, excavate, or engage in engineering work on certain sites. Notably, some PDRs are tailored specifically for agricultural buildings.
If your farm encompasses 5 hectares or more, you possess the right to erect, extend, or alter a structure. The array of permitted developments under this umbrella includes temporary land uses, agricultural structures below specific sizes, forestry buildings, and even caravan sites under certain conditions.
Types of Permitted Developments
Mobile Structures - Mobile Homes - Tiny Homes - Cabins
‘Caravans’ and other mobile structures can be placed on agricultural land under certain restrictions, such as the duration of their stay. Until recently, you were only able to use Permitted Development rights for 28 days, but recent changes have been made to the legislation.
If you’re interested in seeing what we have on offer, then see our cabins, lodges or tiny homes for further information.
Boosting Rural Communities: Pop-Up Camping or Event Space
In a huge win for farmers looking to earn some additional income or simply explore the potential to diversify their business, the UK government on 5 July introduced a pivotal amendment to planning law, significantly benefiting farmers and landowners. The newly enhanced permitted development rights have been extended from the earlier 28 days to 60 days annually across England.
Coming into effect from 26 July 2023, this change empowers farmers and landowners to establish pop-up sites for tents, campervans, and motorhomes for a duration of up to 60 days annually which includes small occasional events, sidestepping the need for additional planning permissions. However, there are stipulations: a maximum of 50 pitches can be operated, essential amenities like toilet and waste disposal must be in place, and the local authority should be informed before the commencement of the season.
Pop-up campsites emerged as a significant trend during the summer of 2020. With summer almost over, this move is set to be lauded by farmers and landowners, presenting an opportunity to diversify their income sources while supporting local tourism.
Why not consider an ultra-lux glamping pod for your land to diversify your income?
Agricultural and Forestry-Related Buildings
These encompass barns, sheds, stables, storage facilities, and sawmills that cater to farming or forestry needs. However, their size and proximity to other structures can be subject to limitations.
Fencing
Fencing can be erected without needing planning permission up to a certain height, with additional restrictions when situated near public roads. If you’re blocking common land, bridleways or other rights of way, then this may well require permission.
Greenhouses and Poly-Tunnels
Key for horticultural activities, these structures can be established without obtaining planning permission for the most part, provided they adhere to specific size criteria and agricultural purposes. When it comes to erecting polytunnels, farmers have two primary pathways to secure permission:
1. Permitted Development Rights: For agricultural holdings spanning five hectares or more, the Town and Country Planning (General Permitted Development) Order 2015, specifically Part 6, Class A, permits the construction of buildings, including polytunnels, deemed essential for agriculture. This grants farmers the flexibility to set up up to 1000m2 of building space, translating to around 100m2 of polytunnels, making it a favourable option for those meeting the set criteria.
2. Full Planning Application: A more intricate route, a full planning application requires adherence to local policies and invites public comments. The application will be scrutinised for its scale, impact, and overall compatibility with the surrounding area. While more demanding, this method provides a comprehensive review of the proposal in relation to broader farm development plans and the long-term vision for the site.
Given the nuances involved, it's wise for landowners to evaluate the interplay of permitted development rights with future farming aspirations and initiatives.
Temporary Structures on Agricultural Land: Navigating the Marquee Maze
For events or temporary needs, structures like marquees might be allowed, given they're removed within a specified timeframe, but let’s delve into this a little more.
Agricultural land, by its vast nature, often presents an appealing option for hosting events or catering to temporary needs. One of the most common temporary structures used for such purposes is the marquee. However, the erection and use of a marquee on agricultural land isn't as straightforward as it might seem. Let's unpack the complexities involved.
Duration Matters
While certain temporary structures, like marquees, might be permitted without the need for full planning permission, their allowable duration on the site is a crucial factor. Typically, if a marquee is to be set up for a short-term event, it might be allowed without planning permission, provided it's removed within a specified timeframe, often 28 days. However, exceeding this period can lead to the need for formal permission.
Scale and Impact
The size of the marquee and the number of attendees it's expected to cater to can influence the necessity for planning permission. Large-scale events that might cause significant disruptions to traffic or the local community could trigger concerns and the need for a more formal planning process.
Frequency of Events
If the land starts hosting events with marquees regularly, even if each event falls within the allowable timeframe, it may raise eyebrows. Regular events might be perceived as a change in land use, transitioning from agricultural to commercial, thereby requiring planning permission.
Ancillary Requirements
While the marquee itself might be temporary, events often come with other requirements – like parking facilities, additional temporary structures for catering or sanitation, or even stages for performances. The cumulative impact of these additions could necessitate a formal planning application, especially if they alter the character or use of the land significantly.
Office Needs
Farm Offices and Small Buildings
For instance, a farm office not exceeding 30 square meters and situated at least five meters from property boundaries is permissible. Similarly, structures such as livestock shelters, silos, and hay storage must adhere to size restrictions and are intended only for agricultural use.
Change of Use: What’s Permitted?
In April 2015, a set of new and revamped General Permitted Development Rights were introduced. These amendments enable agricultural lands and buildings to undergo a transformation into:
A flexible use (Class R): Covering a broad spectrum from shops, financial services, restaurants, and cafes to businesses, storage facilities, hotels, and leisure centers.
An educational use (Class S): This pertains to state-funded schools or registered nurseries.
A residential use (Class Q): This allows the conversion of a maximum floor space of 450 sq metres into three dwellings, contingent on various conditions being met, such as acceptable noise, design, flood risk, and transport impacts.
Furthermore, on October 1, 2017, a new class of permitted development right (Class PA) was launched, facilitating the transformation of light industrial-use buildings into residential ones.
Given these rights, many farmers are capitalizing on the opportunity, venturing into projects like barn conversions. However, it's paramount to remember that all developments must undergo the proper planning procedure. Any PDR-driven project necessitates approval before commencement.
Navigating the Application Process
The application process is open to all, regardless of property ownership. If you’re not the sole owner, you must inform other stakeholders. For rented properties, leaseholders with over seven years remaining or agricultural tenants must be intimated. While you can handle the application personally, many opt to engage agents like architects, builders, or planning consultants.
Early consultations with local planning authorities can streamline the process. They provide essential resources, including application forms, guidance notes, and timelines. Once your permitted development application is submitted, authorities must revert within 28 days regarding the necessity of prior approval. If needed, an additional eight-week window is allotted for a decision.
The evaluation process considers multiple facets such as the proposed development's location, design, and agricultural necessity. Special rules apply for livestock buildings and slurry storage, especially if they’re in proximity to protected or residential structures not classified as farmhouses.
Looking for an opportunity to utilise disused land?
At THC , we build more than just leisure homes and have a duty to provide affordable living in the form of compact housing, in the form of tiny homes, for young professionals who are being priced out of their towns away from friends and family. For those with a spare acre of land that has road access, we are seeking rental plots, between 6-8 homes within the acre for these homeowners to rent from 3 up to 5 years. Planning would be required for a residential caravan site and the rent from the homeowners would generate a steady income for the landowner with the land offering a shared allotment, fruit hedges and an orchard for healthier living. The tiny homes are on wheels are only require a water and wastewater connection as they are fitted with solar and are highly energy efficient to run 100% off the grid.
We’d support the farmer with the development of the site, using groundscrews instead of concrete pads to reduce the impact on the ecology of the land, using solar panels and battery storage so minimal electric lines have to be run, and using a simple water connection which is likely on all agricultural land already, further reducing costs.
Our team then support you by finding locals in the area, and those that are within a 50 mile radius, looking to purchase one of these eco homes on your land to place it on a pitch.
We’d support you further with the planning application, so that everything is as streamlined as possible.
Sound like something you’d be interested in? Email leanne@thetinyhousing.co to receive the Eco Village PDF
Get in touch today discuss this in more detail.
For a Summary on Welsh Regulations, here are some snippets;
Town and Country Planning Act 1990: Defines 'development' in Wales, emphasizing the need for planning permission for most building and engineering operations.
Structures: Guidance on when structures like sheds, polytunnels, and compost toilets may need planning permission, based on size, permanence, and ground attachment.
Demolition: Conditions under which small-scale demolitions may not require planning permission.
Permitted Development Rights: Explains the December 2020 Welsh Government Order that amended PD rights, particularly for community growing spaces and small structures.
Agricultural Units: Distinguishes between units over and under 5 hectares, each having different permissions for development and engineering operations.
Temporary Structures: Outlines regulations for temporary structures and the conditions under which they are permitted.
Minor Operations and Enclosures: Details on minor operations like erecting fences and the specific conditions for their allowance.
Free Initial Telephone Discussion
To better understand the nuances of developing on agricultural land, consider reaching out to us. We offer a free initial discussion to review your situation and provide clear and actionable advice, how our fantastic, sustainable, eco-lodges & cabins can be used for residential uses as much as holiday lets. If you’re considering what to do with unused land, even something as small as 1-2 acres, then we are looking to partner with Farmers and other land owners to develop eco-villages, supporting those in the local community that may not be able to find a suitable house or get on the housing ladder - sound interesting? Then get in touch today.
Why not join us on a call, by contacting us at 01260 545348 or fill our online enquiry form, and our team will promptly respond.
Conclusion
Agricultural land development in the UK, while intricate, offers significant opportunities for landowners. Understanding the regulations, staying updated with amendments, and seeking expert advice can ease the journey from conceptualization to realization.
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