Agricultural Permitted Development
The starting point - key points to consider
A few hints and tips to help the farmer/landowner to assess compliance with agricultural permitted development rights (link to General Permitted Development Order at http://www.legislation.gov.uk/uksi/2015/596/schedule/2/made go to Part 6)
- How large is the agricultural unit?
- More than 5ha - refer to Class A – ensure all parts are met
- Less than 5ha - refer to Class B – ensure all parts are met
Simple check list
- Are the proposed works designed for an agricultural use?
- Is there an agricultural trade or business in operation?
- Can you demonstrate that the works are reasonably required for the agricultural needs of the farm? Have you prepared a simple justification to demonstrate this, to submit in support of your application?
- No proposed development is within 25m of a hardened part of a trunk or classified road.
- Have you produced a written description of the proposed development?
- Do you have details of the materials to be used?
- Do you have a plan indicating the site?
If the answer to all of the above is yes, and all other relevant parts of the Order are met, and if the proposals are not included in the ‘Development not permitted’ lists then you are now in a position to submit the prior notification application. This can either be done on-line using the Planning Portal, or through the local authority website.
Documents to submit as part of the Prior Notification Application
You must submit a written description of the proposed development and of materials to be used, with a plan indicating the site, together with any fee.
If you want to give your prior notification application the best chance of success, submit additional information to provide the local authority with a good understanding of the existing agricultural activity in operation. This might include details of the land holding size, basic management systems in operation and details regarding agricultural justification for the proposed development. (This does not need to be a complex document.)