Planning Practice Note
Agricultural, Forestry &
Occupational Dwellings
INTRODUCTION
The purpose of this Practice Note is to inform the public of planning policy and practice for agricultural dwellings. It sets out:
- the need for a special policy on agricultural dwellings;
- Government policy;
- the Council's policy;
- the requirements for planning applications;
- the requirements for agricultural appraisals;
- agricultural occupancy conditions;
- the procedures for applications to have agricultural conditions removed.
The provisions referred to in this Practice Note refer to dwellings for agricultural, forestry and other Full Time workers in rural based enterprise.
THE NEED FOR A SPECIAL POLICY ON AGRICULTURAL DWELLINGS
It is widely accepted policy that the construction of new dwellings in the countryside should be restricted to exceptional circumstances. Without such a policy, the countryside would soon be overrun with unsightly and sporadic development which would ruin its character and promote unsustainable travel by car. Policies guiding new development in the countryside are contained in:
- Government planning policy and guidance;
- the Regional Spacial Strategy;
- the South Shropshire Local Plan.
One of the few exceptions to this policy is for dwellings which are essential for the management of farming enterprises.
GOVERNMENT POLICY
The Government's policy on agricultural and other occupational dwellings, including those for the other rural based enterprises is set out in Annex A of Planning Policy Statement 7: Sustainable Development in Rural Areas (PPS7).
THE COUNCIL'S POLICY
The Council's policy on agricultural dwellings is contained in policy ED2 of the South Shropshire Local Plan.
Policy ED2: Dwellings for Agricultural and
Forestry Workers
Development for new dwellings for agricultural or forestry workers will be permitted outside existing settlements only where:
- the proposal satisfies the required financial and functional tests;
- it is sited adjacent to the farm complex where the worker's presence is required;
- a condition is imposed that limits its occupation to a person solely or mainly employed or last employed in agriculture in the locality or a dependent of such a person residing with him or her or a widow or widower of such a person;
- It is in scale, character and design with the surrounding landscape.
Reasons
- to ensure that the essential need for a worker on site is met by the proposal;
any new dwelling will have a minimum impact in the landscape by virtue of its siting and design; - to ensure that sufficient accommodation remains available in the District to house agricultural and forestry workers;
- to conform to PPS7.
Note to Policy ED2
The proposal needs to demonstrate how the tests of functional and financial viability are met - specifically:
- The labour requirement for the holding as a whole;
- How the labour requirement is split between the holding and other work not relating to the holding;
- The overall viability of the enterprise;
- The funding of the dwelling.
It also needs to meet the functional tests. Specifically, why there is a requirement for the enterprise to have a permanent full-time worker at the location proposed.
REQUIREMENTS FOR APPLICATIONS FOR PLANNING PERMISSION
Applications for planning permission for agricultural dwellings are made in the normal way as either full or outline applications.
Applications must comply with the following requirements:
- They must conform to the relevant policies of the South Shropshire Local Plan as regards:
- need;
- siting.
- They must be accompanied by an appraisal (paid for by the applicant and prepared by a suitably qualified person) detailing the need for the proposal and how the tests set out in Annex A of PPS7 are met (see below).
THE REQUIREMENTS FOR AGRICULTURAL APPRAISALS
The appraisal to be submitted with the planning application for the dwelling. It must include a General Statement that gives details of the matters set out below. It must also provide financial and functional information on forms provided by the LPA.
- The need for the dwelling, specifically:
- why the need for the dwelling cannot be met by an existing dwelling on the holding or elsewhere as suggested by Annex A of PPS7;
- how the dwelling meets the requirements of the enterprise and not just the personal preferences or circumstances of the worker;
- that the dwelling is required for a full-time worker and does not relate to a part-time requirement.
- How the proposal meets the functional tests. Specifically, why the requirement for the enterprise to have a permanent, full-time worker at the location proposed is not satisfied by other dwellings owned or leased by the enterprise at that location.
- How the test of financial viability is met; specifically:
- The labour requirement for the holding as a whole (calculated using John Nix's Farm Management Pocketbook);
- How the labour requirement is split between:
- the work which gives rise to the functional requirement;
- other work on the holding for which there is no justification for a worker's permanent presence;
- other work elsewhere not related to the holding;
- The overall viability of the enterprise;
- How the funds to build the dwelling can be found from within the resources of the enterprise.
- audited accounts of the enterprise for one or more years;
The Council has a pro-forma for performing these calculations. Please ask for one or go to:
- The Planning Portal (external Link)
Further information
When considering the agricultural appraisal the Council may require further information to justify statements made in it. These may include:
- copies of deeds and leases of land or buildings;
- the history of any sales of property from the holding such as houses and buildings suitable conversion;
- stock records for one or more years;
- estimates for the cost of the proposed dwelling and how its contrruction will be financed.
The Council may take its own professional advice on the validity of the information contained in the appraisal.
AGRICULTURAL OCCUPANCY CONDITIONS
It is important to emphasise that any planning permission under these provisions will be subject to an occupancy condition as set out in policy ED2.
Such conditions will not be lifted except in the circumstances set out below. Agricultural conditions can have a substantial effect on the value of the dwelling, which cannot be sold or leased except to someone who satisfies the condition.
In certain cases the Council may also:
- apply occupancy conditions to other existing dwellings on the holding;
- require the dwelling or dwellings to be kept in the same ownership as some or all of the land.
REMOVAL OF AGRICULTURAL OCCUPANCY CONDITIONS
In line with Government policy (Annex A of PPS7) the Council may be prepared to remove agricultural occupancy conditions if it can be shown that there is no longer any need for housing in the area from persons who satisfy the terms of the condition.
When applications of this sort are made it will be for the applicant to demonstrate that no such demand exists. In doing so they must provide evidence that the property has been well publicised on the market for at least 6 months at a purchase price or rent which reflects the existence of the condition. This will normally be taken to mean a price or rent which is likely to be affordable to a person employed or last employed in agriculture who satisfies the condition.
The Council will normally take its own advice on this aspect. Prospective applicants are recommended to discuss the asking price or rent with the Council before starting this process.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 22/3/2007.
