There are predominantly two methods of obtaining planning permission for an agricultural building or shed; the third method is to simply erect it and seek retrospective permission (this is of course not advisable).
Agricultural buildings can be applied for under full planning permission or under Permitted Development, both of which are governed by the Town & Country Planning Act 1990 (as amended); however there are certain stipulations and time scales for both methods. When undertaking either, you must apply to the local Council via the planning portal website. Below is summary of both methods.
Going to the expense of erecting a new building can be time consuming and expensive. It is a job that brings huge satisfaction when receiving a decision notice (on the basis it is granted). The reason for this post is to explain the different methods of applying and how having a working knowledge of the farming system can assist in obtaining planning permission.
What is Permitted Development (PD)?
What is Permitted Development (PD)
When applying under PD, you are in effect informing the Council that your application meets the rules and regulations detailed below. The determination period is only 28 days from validation and technically if you receive no response after 28 days, consent has been granted and you can erect the building. The development can include buildings, silage clamps, slurry lagoons, tracks or extensions to these. Under PD the following criteria must be met:
- The proposed agricultural building would be on agricultural land comprised of not less than 5 hectares (12 acres) in area.
- The development would not be carried out on a separate parcel of land which is less than 1 hectare (2.471 acres)
- The building, structure or works must be used and designed for agriculture
- It would not exceed 1000m2 (10,000m2)
- The height of the building would not exceed 12m (40ft), if within 3km of an aerodrome the height cannot exceed 3m (9ft)
- No part of the proposed development will be within 25 metres (82 ft) of a metalled part of a trunk road or classified road
- If the proposed development is within 400m (1300 ft) of a protected dwelling (any other dwelling apart from a farmhouse or cottage), it cannot be used to house livestock, slurry or sewage sludge
In some circumstances using permitted development rights under Class Q to convert agricultural buildings to residential units can impact your rights for a new agricultural building under PD.
To submit the application online you must provide a site plan and confirmation that you meet the above requirements. In our experience providing a report detailing the farming business, the requirements for development, how it meets the PD rights and plans, ensures a quick decision notice is issued by the Council.
The application fee is £160, payable on submission via the planning portal website.
What is Full Planning Permission?
In very simple terms if your application does not meet the requirements under PD, you must apply for full planning permission. The determination period for full planning permission is 8 weeks. However since COVID-19, most Councils are still significantly behind with applications being validated and determined (so do not expect a decision with 8 weeks). The validation process is the same for all applications; the validation officer checks all the documents are correct and the planning application fee is paid. As part of a full planning application the following documents must be submitted:
- Site plan
- Location plan
- Design & Access statement
- Elevation and block drawings
To ensure a full planning application is granted it must meet both Local and National Planning Policy (if there is a Neighbourhood Plan, the application must also be in accordance with this). We always produce a detailed planning statement detailing facts and figures of the business to demonstrate the need, utilising recommendations from vets, red tractor guidance and welfare regulations and an explanation how the proposal meets the relevant policies. Having a practical understanding of the farming enterprise and its day to day running helps to put this into simple and digestible content. You must remember some planning officers won’t understand the farming system in place or the requirements of the animals.
Applying for full planning permission can take a considerable amount of time and money. The planning application fees are set nationally for applicants on per metre basis.
- Less than 465m2 = £96
- More than 465m2 but less than 540m2 = £462
- More than 540m2 but no more 4,215m2 = £462 for the first 540 metres & £462 for each additional 75m2
- More than 4,215m2 = £22,859 for the fist 4,215m2 & £138 for each additional 75m2
- (There is a £20 administration fee in addition to the final amount)
If an application is refused and you wish to resubmit ,you have to pay for the application again. If however, you withdraw and resubmit (on the same site) within 12 months no fee is payable. With the application fees at stake, getting it correct the first time can save a lot of cost.
In some cases, especially when buildings are housing livestock or slurry, additional reports are requested by Natural England to include ammonia assessments. Unfortunately, these are expensive and planning officers will not provide a determination without them. The Councils’ conservation officers will also impose conditions such as the erection of roosting bats and breeding bird boxes, and more recently an area of orchard planting was imposed owing to the impact/ loss of biodiversity value.
If you are considering erecting a building, it is worth obtaining quotes beforehand to determine lead time for materials and costs. In some cases, the shed builders will provide scale drawings which can be used as part of the submission and reduce your costs. Given the amount of time it is taking to obtain planning permission, it is worth getting the ball rolling sooner rather than later.
We would be more than happy to visit site to discuss your proposals and the best route forward. Please contact us:
01829 423 183