Planning Practice Note
Agricultural Permitted Development
INTRODUCTION
The purpose of this Practice Note is to give information on the types of development that can be carried out on agricultural holdings:
- without having to obtain express planning permission from the LPA; or
- by submitting proposals for a determination as to whether details of siting, design or external appearance will be required.
This information is issued without prejudice to the application of the Town and Country Planning (General Permitted Development) Order 1995 as amended.
WHAT IS PERMITTED DEVELOPMENT (PD)?
Permitted development (PD) is development which has been granted planning permission by Central Government through the General Permitted Development Order 1995. The amount of PD that may be allowable in any particular case may depend on some or all of the following:
- its location;
- its position on the site;
- its size;
- its height;
- Its height in relation to existing structures;
- the extent of any previous development on the site.
Submission of details
Some types of permitted development are subject to a procedure whereby proposals must be submitted for a determination as to whether details of siting, design or external appearance will be required.
Removal of PD rights
Permitted development rights are sometimes removed by directions made by the LPA or by conditions of planning permission. The advice given in this Practice Note will not apply in such cases.
Please seek advice before starting work
The assessment of whether a proposal is PD or whether express planning permission will be required is often complex. While this guide may prove useful, you should seek confirmation that your interpretation of any PD rights is correct before starting work.
Please telephone Planning Support for advice 01584 813000.
AGRICULTURAL PERMITTED DEVELOPMENT
For the purposes of this Practice Note, agricultural PD falls into 2 classes:
- PD on holdings of more than 5 hectares;
- PD on holdings of less than 5 hectares.
Special arrangements apply to the following:
- fish farming;
- mineral extraction;
- deposit of waste materials.
Please ask for advice on these.
PERMITTED DEVELOPMENT ON HOLDINGS OF MORE THAN 5 HECTARES
The following are permitted development on agricultural holdings of more than 5ha (hectares) (12.5 acres):
- new buildings;
- alteration and extension of buildings;
- excavation or engineering operations.
Limitations and exclusions
The following limitations and exclusions apply:
- the development must be 'reasonably necessary for the purposes of agriculture within the unit' and not be for any other purpose;
- the development must be located on a parcel of land of at least 1 ha;
- the development must not involve the erection, extension or alteration of a dwelling;
- the development must be designed for the purposes of agriculture;
- the development must not exceed 465m2 in floor or ground area;
- its height must not exceed 12 metres (or 3 metres within 3km of an aerodrome;
- no part must be within 25 metres of the metalled part of a trunk or classified road (including Class C roads);
- the development must not be used for livestock, slurry or sewage sludge if it is within 400 metres of a 'protected building'.
Conditions
The following conditions apply:
- a building must not be used for livestock if it is within 400 metres of a 'protected building' except where it is used for:
- quarantine;
- emergency;
- temporary shelter (e.g. for lambing or bad weather);
and there is no alternative within 400 metres; - prior approval' provisions apply (see overleaf) except where the works are for the extension or alteration of a building where:
- the volume of the original building is not increased by more than 10%;
- the height of the building is not increased;
- the floor area of the extended building does not exceed 465m2;
- these provisions can only be used once, in relation to a building, on any holding;
- buildings built under the prior approval provisions which cease to be used for agriculture within 10 years of completion must be removed, unless planning permission has been granted for a change of use;
- the developer must give notice of the completion of the building to the LPA within 7 days of that completion.
Meaning of protected building
A protected building is a dwelling (or other building used by people) that is not on an agricultural holding..
PERMITTED DEVELOPMENT ON HOLDINGS OF LESS THAN 5 HECTARES
The following are permitted development on agricultural holdings of less than 5 ha (12.5 acres):
- alteration and extension of buildings;
- plant, machinery, sewers and other infrastructure;
- private roads and hard surfaces;
- excavation or engineering operations.
Limitations and exclusions
The following limitations and exclusions apply:
- the development must be 'reasonably necessary for the purposes of agriculture within the unit' and not be for any other purpose;
- it must be located on a parcel of land of at least 0.4 ha;
- no part must be within 25 metres of the metalled part of a trunk or classified road (including Class C roads);
- for building works:
- they must not materially affect the appearance of the building;
- the height of the existing building must not be exceeded;
- they must not increase the volume of the original building by more than 10% (see overleaf);
- no part must be more than 30m from the original building;
- they must not involve the extension or alteration of a dwelling;
- no part may be closer than 5m to the boundary of the holding;
- they must not exceed 465m2 in floor or ground area;
- for plant or machinery and other works:
- their height must not exceed 12 metres (or 3 metres within 3km of an aerodrome);
- the height must not exceed that being replaced;
- the ground area must not exceed 465m2.
- must not be used for livestock, slurry or sewage sludge if it is within 400 metres of a 'protected building' (see above).
Conditions
The following conditions apply:
- a building must not be used for livestock if it is within 400 metres of a 'protected building' except where it is used for:
- quarantine;
- emergency;
- temporary shelter (e.g. for lambing or bad weather);
and there is no alternative within 400 metres;
- buildings built under these provisions which cease to be used for agriculture within 10 years of completion must be removed unless planning permission has been granted for a change of use;
- the developer must give notice of the completion of the building to the LPA within 7 days of that completion.
PRIOR APPROVAL PROCEDURE
This is as follows:
- you must apply to the LPA on a form we provide (link below) and giving written details of the proposal;
- there is a fee for this (currently £50);
- if the LPA thinks that further details of the siting, design and external appearance are required, we will tell you within 28 days;
- if we do not ask for details in this time you may start the development;
- if we do ask for details, you must submit them and not start the development until they have been approved (normally within 8 weeks)
- the development must be carried out in accordance with the written description or, in the case of approved details, in accordance with them.
© 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
Issue 3 08 July 2005
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