Enforcement changes – what you need to know

Enforcement changes – what you need to know

From 25 April 2024, section 171B of the Town and Country Planning Act 1990 is amended by the Levelling Up and Regeneration Act 2023.

The big change – a ten-year limit

From 25 April the enforcement time limits in England (but not in Wales- the enforcement period will remain 4 years) will be ten years, for all breaches of planning control.

Other changes

The Bill also introduces ‘Enforcement Warning Notices’, a new type of notice that an LPA could use where it thinks there has been a breach of planning control, but where there is a reasonable prospect of it granting planning permission.

These would set out that further enforcement may be taken, if a planning application is not made within a set time period.

Such notices would formalise the current mechanism where LPAs encourage the submission of planning applications to regularise minor or technical breaches of planning control.

However, unlike the current situation, where landowners may often take no action in response to minor or technical breaches of planning control, knowing enforcement action is highly unlikely, Enforcement Warning Notices are expected to have teeth to them and to require a subsequent application.

Listed buildings

The Levelling Up and Regeneration Bill also includes proposals to enable Temporary Stop Notices to be served where the LPA considers that works are being done to a listed building which require listed building consent and need to be stopped immediately.

If you wish to discuss an enforcement order, please contact CT Planning on 01543 418779 or send an email to [email protected]

Lichfield District Council Call for Sites

Lichfield District Council Call for Sites

Lichfield District Council has commenced a Call for Sites exercise to identify possible locations for development in the emerging Lichfield Local Plan.

The deadline for submissions is 25 March 2024.

Lichfield District Council is asking landowners to submit land for consideration as part of the Local Plan review.

The Council is particularly seeking sites through the Call for Sites exercise that are suitable for residential or employment land. If you have any land interests, you would like to promote within Lichfield District then the NFU’s Planning Consultant’s CT Planning would be pleased to discuss the site with you and can provide you with a quotation to appraise your land and make appropriate representations to the Council on your behalf.

If you wish to discuss this opportunity further, please contact Christopher Timothy or Philippa Kreuser at CT Planning on 01543 418779 or send an email to [email protected]

Please note, that to meet the 25 March 2024 deadline, CT Planning would need to be instructed by 22nd February 2024.

Do you need planning permission for a dog walking field?

Planning permission for dog walking businesses

The use of land for dog exercise and dog Daycare is growing in popularity as a rural diversification project. If you are planning to change the use of a piece of land for the purpose of exercising dogs you will need consent from your local planning authority.

Dog walking and dog exercising businesses have been recognised in planning appeals as outdoor recreational uses, which are generally acceptable in the countryside and Green Belt. There might, however, be circumstances where it would not be acceptable. It is therefore appropriate to seek the advice of a planning consultant such as CT Planning.

There are many things you need to consider in your planning application dependant on the location of the field.

Considerations

  • Buildings –It is preferable to convert existing buildings, if new buildings are required these should be of a proportionate scale.

  • Fencing – should allow views through it; preferably existing fences and hedgerows should be sufficient.

  • Living conditions – The impact the dog field or daycentre may have on nearby residents will need to be considered. Planning officers may request a noise survey and restrict the hours of operation.

  • Access – Any new hardstanding for parking and access will need planning permission; therefore, if possible, use existing access and hardstanding.

To secure a successful application, the objective is to ensure that there is limited change in the appearance of the site and ensure that it retains its open and rural character.

Planning authorities can use conditions to require details of the design of any fencing, hours of operation, to prohibit or limit external lighting; provision of receptacles for the disposal of dog waste; the number of canines and people on site at any time.

Planning consultants can advise on the preparation and submission of:

Setting up or extending a farm track

Setting up or extending a farm track

Is planning permission needed for constructing a farm track? Chris Timothy looks at the legislation you need to consider.

Private ways or ‘farm tracks’ are often developed on farms to improve the operation of the agricultural unit. But before you begin work, you need to consider the question: do I need planning permission to construct, alter or extend a farm track?

The answer is that if you are thinking of creating, rearranging or replacing a farm track, you will need planning permission in most cases.

Submitting an application

There are two possible ways to securing planning permission for a farm track – either through having a permitted development right (where this is applicable) or by submitting a planning application.

You can develop, rearranged or replace farm tracks on both larger and smaller agricultural units under existing agricultural permitted development rights where they are reasonably necessary for agricultural purposes.

The permitted development rights include the conditions for developing farm tracks under these rights, and there is no size or ground area limit on the extent of the farm track that can be developed on your site.

Where farm tracks are developed under permitted development rights on larger agricultural units (that is a unit of five hectares or more) prior approval will be needed from your local planning authority (LPA).

You will need to submit a form to your LPA and they will then have 28 days to let the applicant know of their decision – whether a full application will have to be made or to inform you of their decision to allow or refuse prior approval.

On smaller agricultural units(those of less than five hectares but more than 0.4 hectares) prior approval will also be needed if the agricultural unit is in certain protected areas, such as:

  • conservation areas
  • areas of outstanding natural beauty
  • national parks
  • the Broads
  • or world heritage sites.

When considering either a prior approval application or a full planning application for the development of farm tracks, LPAs should consider the need for such development to support agriculture on the unit.

If you need professional assistance with making a planning application for a farm track, then please contact CT Planning

Rugby Council Call for Sites

Rugby Council Call for Sites

Rugby Council has commenced a Call for Sites exercise to identify possible locations for development in the emerging Rugby Local Plan.

The deadline for submissions is 2nd February 2024.

Rugby Council is asking landowners to submit land for consideration as part of the Local Plan review.

The Council is particularly seeking sites through the Call for Sites exercise that are suitable for residential or employment land. If you have any land interests, you would like to promote within Rugby District then the NFU’s Planning Consultant’s CT Planning would be pleased to discuss the site with you and can provide you with a quotation to appraise your land and make appropriate representations to the Council on your behalf.

If you wish to discuss this opportunity further, please contact Christopher Timothy or Philippa Kreuser at CT Planning on 01543 418779 or send an email to [email protected]

Please note, that to meet the 2nd February 2024 deadline, CT Planning would need to be instructed by 8th January 2024.

Planning consultants can advise on the preparation and submission of:

Enforcement time limits – what you need to know

Levelling and regeneration bill

How long after development can enforcement action be taken if it breaches planning rules? CT Planning’s Chris Timothy looks at the current legislation – and what could change.

The Levelling Up and Regeneration Bill proposes changes to the time limits for taking enforcement action for breaches of planning control.

As it stands, section 171B of the Town and Country Planning Act 1990 means that, in most cases, development becomes immune from enforcement if no action is taken within the following time limits:

  • Operational development (building, engineering, mining or other operations) – four years, from the date on which the operations were substantially complete.
  • Unauthorised change of use of any building to use as a single dwelling – four years, beginning with the date of the breach.
  • Any other breach of planning control, including other changes of use and breaches of condition – ten years, beginning with the date of the breach.

However, those time limits do not prevent enforcement action later on in certain circumstances. Where there has been a deliberate concealment of a breach of planning controls, LPAs (local planning authorities) may apply for an order that allows them to act after the usual time limits have expired.

The courts have found that the clock does not start ticking in such cases until the breach has been discovered.

Enforcement may also occur after the usual time limits under the ‘second bite’ provision; where earlier enforcement action has been taken, within the relevant time-limit, but has later proved to be defective.

The big change – a ten-year limit

The Levelling Up and Regeneration Bill proposes a change to the enforcement time limits in England (but not in Wales) to ten years, for all breaches of planning control.

Does it affect you?

If you have a property where there is unlawful operational development that has not already become immune from enforcement action, you may want to consider making an application for a Certificate of Lawful Existing Use as soon as the current four- year immunity period has expired.

Other changes

The Bill also introduces ‘Enforcement Warning Notices’, a new type of notice that an LPA could use where it thinks there has been a breach of planning control, but where there is a reasonable prospect of it granting planning permission.

These would set out that further enforcement may be taken, if a planning application is not made within a set time period.

Such notices would formalise the current mechanism where LPAs encourage the submission of planning applications to regularise minor or technical breaches of planning control.

However, unlike the current situation, where landowners may often take no action in response to minor or technical breaches of planning control, knowing enforcement action is highly unlikely, Enforcement Warning Notices are expected to have teeth to them and to require a subsequent application.

Listed buildings 

The Levelling Up and Regeneration Bill also includes proposals to enable Temporary Stop Notices to be served where the LPA considers that works are being done to a listed building which require listed building consent and need to be stopped immediately.

Find out more about the services offered by CT Planning by calling 01543 418 779 or emailing [email protected] 

Planning consultants can advise on the preparation and submission of:

Planning ahead for solar

Do I need planning permission to install solar panels on an agricultural building?

solar panels on agricultural building

Installing solar panels and equipment on buildings and land may be ‘permitted development’, with no need to apply to your LPA (local planning authority) for planning permission. However, there are important limits and conditions which must be met for you to benefit from these permitted development rights.

Planning permission may not be required to install solar panels on any agricultural building provided:

  • Solar panels installed on a wall or a pitched roof should project no more than 200mm from the wall surface or roof slope.
  • Where panels are installed on a flat roof the highest part of the equipment should not be more than one metre above the highest part of the roof (excluding the chimney).
  • Equipment mounted on a roof must not be within one metre of the external edge of that roof.
  • Equipment mounted on a wall must not be within one metre of a junction of that wall with another wall or with the roof of the building.
  • If the equipment is on the roof of the building the capacity for generation of electricity across the whole of the site cannot exceed 1 megawatt.
  • Solar panels must not be installed on a listed building or on a building within the grounds of a listed building, or on a site designated as a scheduled monument.

Solar panels must not be installed on a wall or a roof slope which fronts a highway if the building is located in:

  • conservation areas
  • areas of outstanding natural beauty
  • national parks
  • the Broads
  • world heritage sites.

If you want confirmation that you don’t need planning permission to install solar panels, you can apply for a Lawful Development Certificate from your LPA.

Providing evidence

This certificate provides evidence that planning permission is not required for the solar panels. It can be helpful when seeking grants or in the event that the property is later sold (as part of the due diligence process, purchasers’ solicitors will often ask for confirmation that planning permission was not required at the time of installation).

If you want to make an application for a Lawful Development Certificate then planning consultants CT Planning can help you.

One-stop shop for solar PV support

If you are considering solar PV installation, we recommend getting in touch with our energy consultancy partner, NFU Energy. They can offer feasibility services to see if your proposed renewables project is worth it, as well as recommending which renewable energy solution is right for you.

NFU Energy’s Renewable Energy Solutions service gives you one-stop shop access to leading installers, finance and insurance, taking away the hassle and headache of knowing where to start. The team will support you at every stage of your installation journey and can help with all renewable technologies including solar, wind, battery storage, anaerobic digestion, plus much more.

Planning consultants can advise on the preparation and submission of:

Grant to fund calf housing buildings to improve health and welfare

Calf shed

Calf Housing for Health and Welfare Grant

The Rural Payments Agency (RPA) has introduced grants of between £15,000 and £500,000 to the agricultural community that will help to improve the health and welfare of animals and drive forward the government’s commitment to increase farm productivity.

The Calf Housing for Health and Welfare Grant, which forms part of Defra’s Animal Health and Welfare Infrastructure Pathway is now open for applications until 30 November 2023.

Initially, the grant will be available for existing cattle farmers in England to co-fund new and upgraded calf housing that improves social contact and the ambient environment.

The grant can be used for:

  • A-frame building to house dairy calves from birth to weaning, or a mono-pitch building on a beef unit to house calves between 3-6 months.
  • Permanent open-sided structures with igloo/hutches and other types of calf housing.
  • Adapt calf housing to meet the demands of extreme weather conditions and changing climate.
  • Rooftop solar panels, a great source of thermal insulation and low-cost energy for your calf housing.

The minimum grant you can apply for is £15,000. The maximum grant is £500,000 per applicant business.

The minimum grant amount does not include costs associated with rooftop solar photovoltaic (PV) panels. Grants can cover up to maximum rate of 40% of the eligible costs of a project. If you’re including rooftop solar PV panels as part of your project, the RPA will only fund the purchase and installation of these up to 25% of the eligible costs.

How to apply

You can check if you’re eligible to apply by using the RPA online checker. This is open until 11.59pm on 30 November.

Planning Permission

If you are eligible, you may need to consider if you require planning permission to adapt/ build a new cattle shed or planning permission to install solar panels.

Is planning permission required to erect, extend, or alter a cattle shed?

On an agricultural unit of 5 hectares or more, you may not always need full planning permission for the erection, extension, or alteration of a building as it may comprise permitted development.

As detailed in Part 6 of the Town and Country Planning (General Permitted Development) Order 2015 Agricultural development on holdings of 5 hectares or more the erection, extension or alteration of a building can be undertaken as permitted development provided that: –

  • The development is on agricultural land (as defined) and the building is reasonably necessary for the purposes of agriculture.
  • Work is not carried out on a separate parcel of land less than 1 hectare.
  • Development does not exceed 1,000 square metres (this includes the area of any other building erected within the preceding two years and which is located within 90 metres of the proposed development).
  • The building is not higher than 12m (or 3m if located within 3km of an aerodrome).
  • Development is more than 25m from a classified road.
  • The building, if it is to be used for the accommodation of livestock or storage of slurry or sewage sludge is not sited within 400m of the curtilage of a ‘protected building’ – this is normally any building any permanent building which is normally occupied by people; but does not include a building within the agricultural unit; or a dwelling or other building on another agricultural unit.

To benefit from agricultural permitted development, the development must not commence until an application for Prior Notification has been made to the Local Planning Authority and they have let the applicant know of its decision whether a full application is required or have informed the applicant of its decision to allow or refuse approval.

If development under Class Q (change of use of agricultural building to dwelling house) or Class S (change of use of agricultural building to state funded school or registered nursery) has been undertaken on the farm within the previous ten years; full planning permission will be required.

There are separate Permitted Development right ‘rules’ for holdings of less than 5 hectares.

At the very least prior approval from the local planning authority will be required for the erection, extension or alteration of a building. The local planning authority has 28 days in which to let the applicant know of its decision whether a full application is required or to inform the applicant of its decision to allow or refuse approval.

Where the development proposal is beyond the scope of permitted development, a full planning application will need to be submitted. The details for submission with the application will depend on the scale and siting of the development, but additional information could include some of the following: topographical survey, landscape assessment & landscaping scheme, drainage scheme, ecology survey etc.

Do I need Planning Permission to install solar panels on a cattle shed?

The installation of solar panels and equipment on buildings and land may be ‘permitted development’ with no need to apply to the Local Planning Authority for planning permission. There are, however, important limits and conditions, which must be met to benefit from these permitted development rights.

Planning permission may not be required to install solar panels on any commercial building provided:

  • Solar panels installed on a wall or a pitched roof should project no more than 200mm from the wall surface or roof slope
  • Where panels are installed on a flat roof the highest part of the equipment should not be more than one metre above the highest part of the roof (excluding the chimney).
  • Equipment mounted on a roof must not be within one metre of the external edge of that roof
  • Equipment mounted on a wall must not be within one metre of a junction of that wall with another wall or with the roof of the building
  • If the equipment is on the roof of the building the capacity for generation of electricity across the whole of the site cannot exceed 1 megawatt
  • Solar panels must not be installed on a listed building or on a building that is within the grounds of a listed building, or on a site designated as a scheduled monument
  • Solar panels must not be installed on a wall or a roof slope which fronts a highway if the building is located in:
  • conservation areas
  • Areas of Outstanding Natural Beauty
  • National Parks
  • the Broads
  • World Heritage Sites

If you want confirmation that planning permission is not required to install solar panels, you can apply for a Lawful Development Certificate from your Local Planning Authority. Such a Lawful Development Certificate provides evidence that planning permission is not required for the solar panels.  This can be helpful when seeking grants or in the event that the property is sold at some future date (As part of the due diligence process purchasers’ solicitors will often ask for confirmation that planning permission was not required at the time of installation).

NFU Energy

If you’re considering solar PV, then NFU Energy’s Renewable Energy Solutions gives one-stop-shop access to leading installers, finance and insurance. With support at every stage of your renewables journey. They can introduce you to one of their accredited installers, who will conduct a detailed assessment and prepare a full proposal. NFU Energy can also help secure finance and insurance, providing easy access to their handpicked lender panel and their insurance partner, NFU Mutual. Provide ongoing support, NFU Energy experts will be on hand throughout the process to answer your questions and ensure everything happens smoothly.

If you wish to make a planning application to secure your grant the NFU’s Planning Consultants CT Planning can assist you.

Further guidance and help on applying for a grant to fund calf housing buildings can be found on the Governments  website https://www.gov.uk/government/publications/calf-housing-for-health-and-welfare-2023.

Fail to plan, plan to fail

Jeremy Clarkson's rural planning trials contain a lesson for us all, says Chris Timothy, MD of NFU company CT Planning, which advises members on agricultural issues

Clarkson’s Farm on Amazon Prime has succeeded in hooking a new urban audience into the issues of 21st century farming. Jeremy Clarkson’s attempts to make his 1,000-acre Cotswolds farm into a viable business have thrown a spotlight on many rural issues – and not least planning.

In the second series, Clarkson decided he wanted to utilise his beef cattle by selling the meat direct to customers at a restaurant built in his lambing shed. West Oxfordshire District Council refused planning permission for the eaterie and a car park, a decision that Clarkson has appealed against. A farmer’s need to diversify their business to generate income in very trying times sometimes meets council planning rules head on. Government recently vowed to cut red tape around these types of decisions, but the best way to avoid unnecessary cost and conflict would be to involve a consultant from day one.

National planning policy (contained in the National Planning Policy Framework or NPPF) seeks to support a prosperous rural economy. It indicates that planning policies and decisions should enable the development and diversification of agricultural and other land-based rural businesses. The Framework also promotes the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well designed new buildings. Most councils have policies in their Local Plans that similarly support rural diversification.

Jeremy Clarkson’s farm shop and restaurant are examples of rural diversification. Clarkson’s Farm highlights the issues that may arise if proposals are not presented in an orderly fashion and address how the issues (traffic, parking, harm to living conditions) arising from the proposal can be mitigated e.g., by design and layout or through planning conditions (e.g. hours of operation etc).

Whilst the planning system allows for planning applications to be made retrospectively, Clarkson’s Farm demonstrated the difficulty in terms of cost, delay and bad publicity associated with having to apply for permission retrospectively.

The planning system is overwhelmed with applications; it is important that applications are presented in a clear and understandable form to make it easy for the planning officer to understand and difficult to refuse. Engaging a planning consultant such as CT Planning at an early stage is essential in any planning proposal, and in particular as part of a scheme for rural diversification.

  • A planning consultant will consider whether there are any land use constraints or protected designations, such as green belt, AONB, heritage, flood risk etc., that may limit the development that can be undertaken.
  • A planning consultant can suggest the most appropriate strategy for realising a proposal; be it a planning application, lawful development certificate or prior notification.
  • A planning consultant will also emphasise the benefits a proposal will bring in terms of rural diversification, such as additional employment, support to local services, spending within the local economy and sustainability by making good use of existing resources.

Whilst the government has introduced a range of permitted development classes (e.g. Class Q or R) in an effort to simplify and speed up the planning system, it is frequently difficult or impossible to meet the very specific requirements of permitted development. It may be more prudent to simply apply for planning permission; a planning application allows
greater flexibility to work alongside planning officers, looking at how conditions could be used to allay the concerns that the officers may have.

At the Food Summit in May, Prime Minister Rishi Sunak announced that government wants to ease the restrictions that hamper agricultural development. While it is encouraging that government has recognised that this is a problem, this is just a consultation and it will be months before we see any actual changes.

Jeremy Clarkson should be applauded for his attempts to engage with residents, even if they gave him a difficult time. Engaging with your neighbours and discussing ways that their concerns can be addressed can speed up the process and improve your prospect of success.

Planning consultants can advise on the preparation and submission of:

Why use a planning consultant?

About Us

Why use a planning consultant?

The constant introduction of new legislation and government policies means that our planning system is always changing, which can make it hard to understand and keep abreast of the latest developments.

Planning consultants have an expert knowledge of planning policy and the relevant case law, and can play a vital role in securing approval for a planning application – saving you time, money and heartache, and removing any confusion you might have. As a member of the Royal Town Planning Institute, they undertake continuous professional development to ensure that they are up to date.

A planning consultant can undertake appraisals and feasibility studies at the beginning of a project, identifying the key issues and constraints you might face, and they can help you refine your proposals to ensure you are pursuing the most suitable options for your development. 

They can help ensure everything runs smoothly and may be able to identify alternative strategies to realise an objective or identify additional opportunities or sources of revenue that might not be immediately apparent to you.

Planning consultants can reduce the issues associated with liaising with the local planning authority and third-party consultants, having experienced the different ways that various planning authorities work.

They can build up good relationships with planning officers, consultees and other relevant stakeholders involved in the planning process to ensure the efficient consideration of a planning application, having a wide range of contacts who can assist with the varied technical areas of making an application. They have access to a wide range of reliable professionals to assist with such issues as heritage, ecology and arboriculture.

A planning consultant manages an application through to determination, monitoring the progress of applications to ensure decisions are made in a timely manner. They are aware of the information needed to validate an application, and what is not relevant – they can refute requests for unnecessary additional information.

Your planning consultant can then present your application to the planning committee, identifying the merits of the proposals, using their professional knowledge and experience to allay any concerns raised by third parties and councillors.

Employing a planning consultant will not guarantee you automatic approval for your application, but it will significantly enhance your chances of success.

Planning consultants can advise on the preparation and submission of: