Rural Archives - CT Planning

Do you need planning permission for a dog walking field?

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.

Chris Timothy

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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.

Change of use – ancillary accommodation to separate dwelling

Planning permission for extension of outbuildings

Planning Permission for a Replacement Dwelling

Chris Timothy

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Planning ahead for solar

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.

Change of use – ancillary accommodation to separate dwelling

Planning permission for extension of outbuildings

Planning Permission for a Replacement Dwelling

Chris Timothy

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Grant to fund calf housing buildings to improve health and welfare

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.

Planning permission for 2 dwellings near listed buildings

Planning Permission in an AONB

Chris Timothy

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New Consultation Document Offers Continued Optimism for Farmers with Aspirations of Diversifying

The open consultation titled “Consultation on additional flexibilities to support housing delivery, the agricultural sector, businesses, high streets and open prisons; and a call for evidence on nature-based solutions, farm efficiency projects and diversification” from the DLUHC was published 24 July 2023 and will run to 25 September 2023. As suggested by the title the consultation document proposes potential changes to permitted development rights to allow for additional flexibility.

This article focuses on the proposals for changes to permitted development rights related to the rural setting; given the government’s recent publication of the policy paper ‘unleashing rural opportunity’ and the emergence of television programmes such as Clarkson’s Farm bringing issues around planning acting as a barrier to rural economic growth to the fore we feel as though this is the most pressing issue.

The proposed re-thinking of Class Q

Class Q Part 6 is a commonly used permitted development right allowing for the change of use of a barn or agricultural building to residential. Currently this right is restricted dependent upon the presence of land designations, however, proposed changes may mean that this form of permitted development is available to more areas.

It is proposed that Class Q will become applicable to Article 2(3) land excluding World Heritage Sites given that their status is dictated by UNESCO. Nevertheless, this would mean that this would be a viable option for those situated within a National Park or the Broads as well as an AONB and Conservation Area. This is a promising recommendation acting as an auspicious signal that the government do recognise that despite these areas of natural beauty they must be developed or there is a grave risk that these areas will be left behind and only used seasonally as tourist facilities.

Furthermore, there is a suggestion that Class Q may be applied to buildings on agricultural units that may not be in solely agricultural use. Alternatively, it is also suggested that the right should be applied to former agricultural buildings no longer part of a functioning agricultural unit.

In an attempt to ‘retain the focus on providing smaller homes for rural workers and local people’ changes to limitations surrounding floor-space have been released for consultation:

The single maximum floorspace for a single dwelling is proposed to be reduced from 465 square metres to 100 – 150 square metres
The maximum number of homes that is eligible to be created as part of a Class Q development is proposed to be increased from 5 to 10
It is proposed that for a building to qualify as being eligible for a Class Q conversion it must be a minimum of 37 square metres

This is a radical change from the government and perhaps an indication of the value they are beginning to place on food production and security, with these changes seeming to suit the needs of the agricultural sector and worker far more than those people looking to escape the city and move to a big house in the countryside.

The government are proposing that rear extensions may be a possibility as part of a Class Q conversion providing it is situated on previously developed land (covered by a hard surface prior to 24 July 2023) and the extension is single storey with a max depth of 4 metres.

However, despite the positive nature of these proposed changes there is one suggestion that does appear problematic. It is suggested that there will be a requirement that for a building to be eligible for conversion under Class Q it must have an existing access to a public highway, something that is not common for a significant proportion of agricultural buildings.

Projected ‘shake-up’ of Part 6 Permitted Development Rights

Part 6 relates to agricultural development and is most commonly used to construct a barn or shed incidental to the agricultural use of the land. The current restrictions on the size of the shed or barn that can be granted under this form of permitted development is proposed to be significantly increased:

On agricultural units less than 5 hectares the maximum floor area of the building is projected to increase from 465 square metres to 1000 square metres
On agricultural units more than 5 hectares the maximum floor area of the building is projected to increase from 1000 square metres to 1500 square metres
There may also be the possibility of a 25% extension on existing agricultural buildings for Class Q to create even an even larger barn.
This is again encouraging and signals an understanding from the government that there is a changing farming economy which demands larger buildings particularly when enterprises are growing requiring more storage space for produce as well as machinery.

Proposed changes to Class R offer fresh opportunities for rural diversification.

Currently Class R relates to the change of use from agricultural to flexible commercial use. However, it is proposed this is set to change redefining the right.

Rather than Class R just relating to agricultural buildings it is proposed that this is opened to include any building within a ‘rural use’ such as forestry and equine. Furthermore, there are proposals to redefine what is meant by ‘flexible commercial use’ and expand this to include outdoor sports, recreation, or fitness as well as general industrial uses which favour processing of raw goods produced on site and to be sold on site excluding livestock to support the continued growth of farm shops. This will continue to be subject to prior approval.

At first glance, the proposals outlined within the document do seem promising for the future of the rural economy and agriculture as an independent economic sector. However, it is important to note that the document is subject to change dependent upon consultation responses. Nothing is guaranteed until it is approved and published within the General Permitted Development Order.

Nevertheless, on the whole there is reason for optimism; the contents of this document are a direct acknowledgment from the government that the rural economy is important, and that changes to the current rules to make agricultural development more flexible for farmers so they can diversify to be more productive, should form an integral part of this economic sector.

Planning permission for 2 dwellings near listed buildings

Planning Permission in an AONB

Will Varley

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Amendments to the GPDO Offer Improved Opportunities for Rural Diversification

Changes to the GDPO devised by the Department for Levelling Up, Housing and Communities due to come into force 26 July 2024, look to support rural diversification through the tourism sector and particularly camping.

The introduction of Part 4. Class BC – temporary recreation campsites will allow for the use of land as a recreational campsite for up to 60 days annually, providing the campsite does not exceed 50 pitches. As was the case before, this does not allow for the introduction of permanent works and operations such as the erection of facilities blocks or the laying of concrete bases under permitted development – these will continue to require planning permission.

A prior approval procedure may be required, with the contents of the information required being dependant on the site’s characteristics. This procedure would have to be completed each year to renew the consent for the temporary use.

There are further limitations involved with the availability of this new form of permitted development again dependant on the site characteristics.

Our View

After much deliberation, post-Covid pandemic based around increasing the time period for temporary use of land, it is encouraging to see that a significant increase from the original 28 days annually to 60 days has been agreed for temporary campsites. This will provide an excellent opportunity for landowners to operate a temporary campsite for all of the summer holidays, a lucrative time within the tourism sector.
This perhaps provides further encouraging evidence that the government have recognised the increased economic pressures of farming in the 21st century and the requirement to diversify to make farming viable.

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Planning permission for 2 dwellings near listed buildings

Planning Permission in an AONB

Will Varley

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Policy paper: Unleashing rural opportunity

William Varley and Louise Hinsley MRTPI, provide their thoughts on the government’s policy paper “Unleashing Rural Opportunity.”

The policy paper ‘Unleashing Rural Opportunity’ published 6 June 2023 offers new information on how the Government plans to support growth and prosperity in rural areas.

The paper recognises the importance of the farming and rural community and the role that farmers play in creating a thriving countryside and levelling up rural communities.

“For rural areas to prosper, farming needs to prosper”.

The government are investing large sums of money through the Rural England Prosperity Fund to support initiatives such as farm diversification, projects to boost rural tourism and community infrastructure projects. These projects will help support communities where it is recognised that traditional farming isn’t the main income generator. For communities and farmers to thrive alternative forms of income need to be invested in, which in turn contributes towards the creation of sustainable rural communities.

The paper revealed the government’s desire to support rural diversification within the planning system. This is evident through the planned consultation on ‘possible changes to permitted development rights which support agricultural development and rural diversification’ allowing a greater amount of flexibility for farmers so they can ‘amend their existing agricultural buildings without having to go through onerous planning processes”. The government clearly recognises the pitfalls of the existing planning system and the red tape preventing farmers from implementing ideas quickly and diversifying their businesses to grow the rural economy.

As well as presenting ideas to encourage rural diversification, the paper also responds to issues relating to rural housing supply. The paper highlights the significance for local people in rural communities to have the opportunity to buy homes to contribute to rural economic growth and flourishing communities, whilst also preserving the character and beauty of the rural landscape.

To increase the supply of housing in rural areas, the government have announced that they will fund a network of Rural Housing Enablers working across England to support site owners and community representatives to ‘navigate the planning system and securing the support of local communities for developments.’ Perhaps, more significantly the paper revealed plans for a consultation surrounding the prospect of making alterations to permitted development rights to ‘make it easier for farmers to changes their existing agricultural buildings to houses.’ There is also set to be a fresh look at the role of Permission in Principle and how this may be used to unlock more small-scale rural housing sites.

It is encouraging to see that the government recognise the importance of rural communities and their contribution to the country’s economy, and that resources should not be solely targeted towards the main cities. It has been highlighted in recent world events the important role farmers play in contributing towards the economy and this should not be ignored. The planning system should react to this by increasing the opportunities available to farmers to maintain their businesses and in turn contribute to maintaining sustainable and thriving communities.

If you would like to explore further the link to the document is below:

Unleashing rural opportunity (publishing.service.gov.uk)

Planning permission for 2 dwellings near listed buildings

Planning Permission in an AONB

Will Varley

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Louise Hinsley

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Fail to plan, plan to fail

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.

Chris Timothy

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Category: Rural

Planning permission for dog walking businesses

Considerations

Planning consultants can advise on the preparation and submission of:

recent planning permission projects

Chris Timothy

Setting up or extending a farm track

Submitting an application

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

recent planning permission projects

Chris Timothy

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

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

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

Providing evidence

One-stop shop for solar PV support

Planning consultants can advise on the preparation and submission of:

recent planning permission projects

Chris Timothy

Calf Housing for Health and Welfare Grant

How to apply

Planning Permission

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

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

NFU Energy

recent planning permission projects

Chris Timothy

Planning consultants can advise on the preparation and submission of:

recent planning permission projects

Will Varley

Our View

Planning consultants can advise on the preparation and submission of:

recent planning permission projects

Will Varley

Planning consultants can advise on the preparation and submission of:

recent planning permission projects

Will Varley

Louise Hinsley

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

Planning consultants can advise on the preparation and submission of:

recent planning permission projects

Chris Timothy

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