What new project do you have in mind?
Last week Rural Business Network member and Rural Chartered Surveyor, Charlotte Newton from Vickers & Barrass gave a very informative presentation on planning and development which included:
- An overview of the UK (focusing on England) planning system
- Comparison of planning permission and permitted development rights
- Class Q
- Class R
- Applying for a new agricultural building and
- Applying for an agricultural worker’s dwelling
Charlotte explained that Planning and Development has just one main aim and that is to achieve Sustainable Development. So, you must always be thinking of this when applying for your new project and relating back to the three overarching objectives which are:
Check the Planning Policy on your local council’s website for details.
The main legislation for English Planning Law is the Town & Country Planning Act 1990. There are 13 types of planning which are sub-divided further depending on your new project:
- Householder planning consent
- Full planning consent
- Outline planning consent
- Reserved Matters
- Listed building consent
- Advertisement consent
- Lawful Development Certificate (LDC)
- Removal/variation of conditions
- Approval (Discharge) of conditions
- Prior approvals
- Consent under Tree Preservation Orders
- Notification of proposed works to trees in conservation areas
- Application for non-material amendments
Charlotte then went out to explain that Permitted Development Rights are governed under the Town & Country Planning (General Permitted Development) (England) (Amended) Order 2018.
These are rights to make certain changes to a building without the need to apply for planning permission. They derive from a general planning permission granted by Parliament, rather than from permission granted by the local planning authority (LPA).
There are many different elements to Permitted Development Rights and Charlotte focussed her presentation on Class Q – Agricultural Building to Dwelling House and Class R – Agricultural Building to Flexible Commercial Use.
If your new project is for a new agricultural building you can use either Permitted Development Rights or planning permission. Charlotte explained that Permitted Development Rights is known as the quickest and cheapest route however it can be very restrictive. Planning Permission is required when:
- Within 25m of a trunk or classified road
- Development not designed for the purposes of agriculture
- Development on an agricultural holding of less than 0.4 hectares
- Development on separate parcels of land of less than: 1 hectare on units of 5 hectares or more; or 0.4 hectares on units of less than 5 hectares
- More than 1,000m2 floor area (calculated to include all other development within 90m of the site which has been carried out within the preceding 2 years)
- Buildings or excavations for livestock or slurry storage within 400m of a protected building (unless Part D applies)
- Agricultural development more than 12m in height
- Excavations or engineering operations connected with fish farming.
Charlotte also explained that gaining planning consent for an agricultural workers dwelling is not as simple as it seems! Unless it’s feasible (or even possible) to go down the Permitted Development route and convert existing farm buildings into dwellings, or extend the existing farmhouse, then applying for permission to create an agricultural workers dwelling may be the only option left on the table for your new project.
Justification is important and demonstrating the need for an agricultural worker on-premise 24:7 is the key to succeeding.
To listen to Charlotte’s full presentation, join our community now.