Planning Permission on Farm Land

Planning and developing agricultural land involves navigating a range of challenges and constraints. One of the most significant issues being the need to preserve natural green spaces. This is essential not only for the environment but also for ensuring the sustainability of farming operations for future generations.

However, there are situations where building on agricultural land becomes necessary. This might be to support your livelihood or to explore alternative income methods.

The process of obtaining planning permission is complex and has a significant impact on land value. Successfully securing planning permission depends on various factors that must be carefully considered before making major decisions.

Understanding the planning process and potential challenges is crucial for ensuring a positive project. At Collington Winter, our consultants can assist you in meeting planning permission requirements in order to ensure that your project is successful.

When would I need to apply for planning permission?

Planning permission on agricultural land is typically required in two key situations:

1. Changing the use of your land or buildings – For example, converting farming land or structures to non-agricultural purposes.
2. Constructing new housing – Building one or more residential properties on the land.

Both scenarios involve navigating complex planning policies and requirements. This can often be challenging to manage on your own.

To improve your chances of a successful application, it’s highly recommended to consult with a professional consultant. Their expertise can help you understand the process, ensure compliance with regulations, and optimise your approach.

The Town and Country Planning Act 1990

The Town and Country Planning Act 1990 is the cornerstone of the planning system in England and Wales. It sets out the legal framework for planning permission, including its relevance to farmland.

Under the Act, planning permission is required for:

• Material change of use: Changing the use of farmland (e.g., from farming to residential, commercial, or other use).
• Development activities: Building structures on farmland that do not fall under permitted development rights.

This ensures that developments on farmland align with broader planning policies. This is to reduce the negative impact on farming, the environment, or rural communities.

The Act allows secondary legislation, such as the General Permitted Development Order (GPDO) 2015. This grants certain rights for farmers to develop their land without needing full planning permission. Examples include:

• Erecting farming buildings or silos.
• Making minor alterations to existing agricultural buildings.
• Converting farming buildings to residential use under Class Q.

However, these rights are subject to conditions. Specific types of developments may still require prior approval from a local council to assess impacts on transport, noise, or environment.

Obtaining planning permission on farm land

The process of obtaining planning permission on farm land begins with a formal planning permission application to the local planning department. A detailed site plan, proposal plans, and an ecological appraisal should all be included.

Following this, a thorough evaluation of various factors will take place by the local authority. A planning officer will assess the application. They will consider factors such as the impact on the local environment and listed buildings, compliance with planning policies, and potential objections.

Planning applications need to align with local and national environmental policies and regulations. These policies may include targets for the protection of designated ecological areas, or promotion of sustainable construction practices. The application must demonstrate how the proposed building supports these environmental objectives.

This review process typically takes a few weeks to several months, depending on the complexity of the proposal. If the proposed development is approved, it will then receive a lawful development certificate. This will list it as a permitted development meaning that building work can take place.

Potential ecological constraints for planning permission on farm land

Ecological constraints are an important consideration for planning rules in the UK. Local planning authorities assess the potential impacts of proposed developments on the natural environment and protected species.

The presence of protected species, such as bats, birds, reptiles, amphibians, or great crested newts, can impact your ability to obtain planning permission on farm land. If your project could impact habitats or species protected by law, you may need to conduct ecological surveys. This is to assess their presence and propose mitigation measures to minimise harm.

Development proposals must also consider the impact on habitats and biodiversity. This includes protected landscapes like heritage sites, Sites of Special Scientific Interest (SSSIs), designated nature reserves, or sites of natural beauty.

Additionally, large-scale or environmentally sensitive developments may require an Environmental Impact Assessment. An EIA assesses potential ecological impacts on habitats, protected species, and the overall environment. The EIA report informs the planning decision and may require mitigation measures or alternative site options to be considered.

Developments near watercourses or flood risk areas must consider the impact on water quality, hydrology, and flood risk. Local planning authorities often require assessments and flood mitigation measures to safeguard ecosystems and prevent adverse effects on habitats and species.

How can Collington Winter assist?

Our team at Collington Winter are able to assist clients to secure planning permission for farm land. We can carry out any of the necessary ecological surveys or assessments that may be needed.

We provide a range of ecological services to help our clients to identify whether there may be any ecological issues with their proposal plans when applying for planning permission. These include:

• preliminary ecological appraisals
• protected species surveys
• tree surveys
• ecological clerk of works

We can comment on land for farming and identify any mitigation measures that may need to be taken if any environmental constraints are identified.

Don’t hesitate to get in touch with our environmental consultancy today for more information at info@collingtonwinter.co.uk or call the team on 01204 939 608.