What Can I Build on Agricultural Land Without Planning Permission in the UK?
Updated September 2024*
Introduction
Agricultural land is a valued asset in the United Kingdom, cherished for its productivity and myriad of potential uses. However, landowners often ponder over the types of structures and facilities they can construct on such lands without diving into the intricate web of planning permissions. In this article, we aim to demystify these guidelines and delve deeper into Permitted Development Rights (PDRs) in the context of agricultural lands. We’ve taken the time to collate information from across the U.K, but much of the information presented below is primarily for England. Rules can differ in Wales, Scotland and Northern Ireland, so it’s always best to check with your local council for any specific queries.
Permitted Development Rights (PDRs)
PDRs grant landowners the leeway to undertake certain development activities on their properties without requiring full planning permission. In essence, PDRs simplify the process for those wishing to build, extend, develop, convert, excavate, or engage in engineering work on certain sites. Notably, some PDRs are tailored specifically for agricultural buildings.
If your farm encompasses 5 hectares or more, you possess the right to erect, extend, or alter a structure. The array of permitted developments under this umbrella includes temporary land uses, agricultural structures below specific sizes, forestry buildings, and even caravan sites under certain conditions.
Looking for an opportunity to utilise disused land? Generate profit from off grid cabins
Yes, it is true that you can place a cabin on agricultural land to diversify your income. There is a much longer planning route should you be wanting more than one cabin on your land, but for a fuss free singular off grid cabin that can generate anywhere between £30,000-£50,000 in revenue each year, a simple exemption licence could be exactly what you are looking for. With this licence, you can save £1000s on set up costs as much as removing the time-consuming process of applying for planning permission, making it easier than ever to install off-grid cabins. Almost all farming plots have a non utilisable space. Even a small 10 square meters can offer a lovely cabin a home with stunning views over your fields, leaving the rest of your land free for farming operations. No disruptions, just smart use of your space.
No funds for a cabin? No time to manage a holiday let?
If you’re strapped for cash and maybe time, there are companies out there such as Unyoked that can support you with the set up of a singular unit as well as managing the model with you receiving rent from your plot of land. Whilst this doesn’t bring in the big profits, it’s more than what you were gaining as a unused piece of land.
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Camping Club With a Certified Site Licence
Unsure if you want a cabin? You could always start with a camping site! A certified site licence for camping is as little as £150 and could allow up to 25 tents at a time on your land. Overtime you could upgrade to cabins to increase your revenue. Alternatively, adding communal buildings such as toilet blocks or cafes for light bites can increase the revenue of a camp site by up to 50%! Want to know more about our modular buildings and toilet blocks, get in touch today (click here to complete our contact form page).
Boosting Rural Communities: Pop-Up Event Space
Farmers can turn their fields into a valuable pop-up event space for private hire, hosting everything from weddings to special birthday parties. Under Permitted Development Rights (PDR), they can hold up to 28 events per year without the need for full planning permission.
Temporary structures like marquees, typically up to 50 square meters in size, can be used, provided they are easily dismantled after the event. The key advantage is that the land returns to its natural state post-event, ensuring minimal disruption to farming operations. However, challenges may include managing litter, sound pollution that could aggravate you and your surrounding neighbours to accommodating guests staying for multiple days, and coordinating third-party vendors on your land.
If you wish to dip your toe into renting your land as a pop up space, check out Landhire.
Allotments for the Local Community
Yes, you can hire out your land for allotments without planning permission. However, there are some factors that may mean you’ll need planning for this.
Allotments for your local community can help your local area to grow healthy food for themselves. Whilst this isn’t a method for gaining healthy profits as each rental plot is typically £50-£150 per year, you’ll be doing your bit for the community and possibly producing additional food for a future farm shop (that’s if you wanted to set it up as a Cooperative!).
In the UK, changing a field into allotments typically falls under a "change of use" category in planning law. While agricultural land can sometimes be used for allotments without planning permission, it's important to check with your local planning authority (LPA) to see if the change of use from agricultural to allotments requires formal consent. In some cases, allotments are considered a different use class (sui generis), which may necessitate planning permission.
Here are a few factors that could influence whether planning permission is required:
Current land use designation: If the land is already designated for agriculture, you may not need planning permission, but this can vary depending on local regulations.
Impact on the local environment: Any significant infrastructure or buildings, such as sheds or greenhouses, could require planning consent.
Access and infrastructure: If you're planning to create parking areas or new access routes, these might require additional permissions.
Size and scale: Larger projects with multiple allotment plots are more likely to need planning permission than a small-scale community garden setup.
Rent Current Farm Buildings For Agricultural and Forestry-Related Storage
In the UK, you can rent out a barn or building to a forestry or agricultural company for storage purposes, if the barn is already classified as an agricultural building and the tenant’s activities (such as storage of agricultural equipment or forestry materials) fall within this agricultural use, planning permission may not be required. Agricultural buildings used for purposes directly related to agriculture often don’t need change-of-use permissions.
If the building is to be used for purposes that fall outside of agricultural or forestry use, such as commercial storage (not linked to agriculture), you may need to apply for a change of use under planning laws. Storage of non-agricultural goods could trigger this requirement.
The rental price for hiring out a barn or agricultural building can vary depending on several factors, such as location, size, condition, accessibility, and utilities available. Here’s a general range of rental prices:
Basic agricultural barns (without utilities, in rural areas): £1 to £2 per square foot per year. For example, a 1,000-square-foot barn could fetch between £1,000 and £2,000 per year.
Barns with facilities (like electricity, water, or better accessibility): Prices can go higher, between £2 to £5 per square foot per year, depending on the location and condition.
Prime location barns (near urban areas or with easy access to main roads): These might demand more, with prices ranging from £3 to £10 per square foot in some cases, particularly if the building is in good condition or suited for commercial storage.
It’s best to look into local listings and speak with a rural estate agent to get more specific pricing for your area.
Greenhouses and Poly-Tunnels
Key for horticultural activities, these structures can be established without obtaining planning permission for the most part, provided they adhere to specific size criteria and agricultural purposes. When it comes to erecting polytunnels, farmers have two primary pathways to secure permission:
1. Permitted Development Rights: For agricultural holdings spanning five hectares or more, the Town and Country Planning (General Permitted Development) Order 2015, specifically Part 6, Class A, permits the construction of buildings, including polytunnels, deemed essential for agriculture. This grants farmers the flexibility to set up up to 1000m2 of building space, translating to around 100m2 of polytunnels, making it a favourable option for those meeting the set criteria.
2. Full Planning Application: A more intricate route, a full planning application requires adherence to local policies and invites public comments. The application will be scrutinised for its scale, impact, and overall compatibility with the surrounding area. While more demanding, this method provides a comprehensive review of the proposal in relation to broader farm development plans and the long-term vision for the site.
Given the nuances involved, it's wise for landowners to evaluate the interplay of permitted development rights with future farming aspirations and initiatives.
Temporary Structures on Agricultural Land: Navigating the Marquee Maze
For events or temporary needs, structures like marquees might be allowed, given they're removed within a specified timeframe, but let’s delve into this a little more.
Agricultural land, by its vast nature, often presents an appealing option for hosting events or catering to temporary needs. One of the most common temporary structures used for such purposes is the marquee. However, the erection and use of a marquee on agricultural land isn't as straightforward as it might seem. Let's unpack the complexities involved.
Duration Matters: While certain temporary structures, like marquees, might be permitted without the need for full planning permission, their allowable duration on the site is a crucial factor. Typically, if a marquee is to be set up for a short-term event, it might be allowed without planning permission, provided it's removed within a specified timeframe, often 28 days. However, exceeding this period can lead to the need for formal permission.
Scale and Impact: The size of the marquee and the number of attendees it's expected to cater to can influence the necessity for planning permission. Large-scale events that might cause significant disruptions to traffic or the local community could trigger concerns and the need for a more formal planning process.
Frequency of Events: If the land starts hosting events with marquees regularly, even if each event falls within the allowable timeframe, it may raise eyebrows. Regular events might be perceived as a change in land use, transitioning from agricultural to commercial, thereby requiring planning permission.
Can I rent my farm building as an office?
You may be able to take advantage of permitted development rights (Class R), which allows for the change of use of agricultural buildings to a flexible commercial use, including offices, under certain conditions:
The total floor space being converted must not exceed 500 square metres.
The building must have been used solely for agricultural purposes as part of a farm holding on or before 20th March 2013.
There may be restrictions on the type of development if the building is located in a conservation area, national park, or a designated special area.
For instance, a farm office not exceeding 30 square meters and situated at least five meters from property boundaries is permissible. Similarly, structures such as livestock shelters, silos, and hay storage must adhere to size restrictions and are intended only for agricultural use.
Change of Use: What’s Permitted?
In April 2015, a set of new and revamped General Permitted Development Rights were introduced. These amendments enable agricultural lands and buildings to undergo a transformation into:
A flexible use (Class R): Covering a broad spectrum from shops, financial services, restaurants, and cafes to businesses, storage facilities, hotels, and leisure centers.
An educational use (Class S): This pertains to state-funded schools or registered nurseries.
A residential use (Class Q): This allows the conversion of a maximum floor space of 450 sq metres into three dwellings, contingent on various conditions being met, such as acceptable noise, design, flood risk, and transport impacts.
Furthermore, on October 1, 2017, a new class of permitted development right (Class PA) was launched, facilitating the transformation of light industrial-use buildings into residential ones.
Given these rights, many farmers are capitalizing on the opportunity, venturing into projects like barn conversions. However, it's paramount to remember that all developments must undergo the proper planning procedure. Any PDR-driven project necessitates approval before commencement.
Updated Info from September 2024*
Recent changes to the General Permitted Development Rights (GPDR) that took effect on 21 May 2024 extend the flexibility for converting agricultural buildings under Class Q and Class R. Here's a brief overview of the current and upcoming regulations:
Class R: This permits the change of use of agricultural buildings to a variety of commercial uses, such as shops, offices, hotels, or leisure facilities. As of May 2024, the limit on the cumulative floor space for Class R conversions will increase from 500 square metres to 1,000 square metres, offering more flexibility for larger conversions. This can be beneficial for farmers looking to diversify their property use.
Class Q: This allows agricultural buildings to be converted into residential dwellings. From May 2024, the maximum number of dwellings allowed under Class Q will increase from 5 to 10 units. Additionally, the maximum size for each dwelling will remain 150 square metres per unit.
However, both classes still require prior approval from the local planning authority for factors like noise, transport, and environmental impact, so it’s crucial to follow the correct procedure before commencing any development.
These amendments offer more opportunities for diversification, particularly for farmers looking to convert underutilised buildings into commercial or residential properties. Keep in mind that developments in protected areas, such as National Parks, still have stricter controls in place.
Navigating the Application Process
For a chance or use or any form of planning application process, you’'ll need to inform everyone involved, especially if you’re not the sole owner, you must inform other stakeholders. For rented properties, leaseholders with over seven years remaining or agricultural tenants must be intimated. While you can handle the application personally, many opt to engage agents like architects, builders, or planning consultants to ensure the planning goes through. This is because these individuals are trained in the local councils lingo to provide a more positive take on the change of use (or rewquired permissions) saving both hassle and time should it not be granted if you tried it yourself.
Early consultations with local planning authorities can streamline the process. They provide essential resources, including application forms, guidance notes, and timelines. Once your permitted development application is submitted, authorities must revert within 28 days regarding the necessity of prior approval. If needed, an additional eight-week window is allotted for a decision.
The evaluation process considers multiple facets such as the proposed development's location, design, and agricultural necessity. Special rules apply for livestock buildings and slurry storage, especially if they’re in proximity to protected or residential structures not classified as farmhouses.
How About Light Planning Options?
From Caravan Site to Residential Park Future
If you’ve got the time for slow and steady growth, you could turn an unused field into a small caravan park whether that be for a touring caravan site (following the Caravan and Camping Club Certified Site Licence) to gaining a full caravan park licence with is relatively straightforward but it does require planning permissions. A touring park or caravan site can generate healthy revenue and there’s always an investor around the corner to support with the set up of new holiday parks. On top of this, fast forward a few years and you change your holiday park to a full residential park home site which would offer affordable accomodation in your area!
As we mentioned, gaining the permissions can be straightfoward if you fit the right criteria. However, the difficulty level depends on factors such as the site location, environmental considerations, and compliance with regulations.
Steps to Obtain a Caravan Park Licence:
Permissions or Licences: If you are heading down the touring route then a Camping and Caravan Club site license is enough for now. You can change this at a later date should you wish to have something that allows for longer guest stays. For a caravan park licence, you’ll need to obtain this via planning permission from your local planning authority (LPA). This permission will detail the number of caravans allowed, the type of caravans (residential, touring, or holiday), and any other site-specific requirements.
Application for a Licence: Once planning permission is granted, you can apply for a licence from the local council. The application will require details about the site layout, utilities, and safety provisions. The council will inspect the site to ensure it meets health, safety, and environmental standards.
Compliance with Standards: To secure the licence, the park must adhere to specific standards:
Spacing and density of caravans (typically, caravans must be spaced at least 6 meters apart).
Provision of facilities such as water, waste disposal, and fire safety measures.
Environmental considerations, including landscaping and flood risks.
Number of Caravans:
The number of caravans allowed will depend on the size of the site and the terms set out in the planning permission. The council's decision is influenced by:
The size of the site and available amenities.
Site density rules, typically stipulating that caravans must be placed a minimum distance apart (e.g., 6 meters).
Local regulations regarding traffic, safety, and environmental concerns.
Common Licensing Issues:
Environmental Concerns: If the site is in an Area of Outstanding Natural Beauty (AONB), National Park, or near protected wildlife, gaining a licence may be more difficult.
Infrastructure Requirements: Having adequate roads, access, utilities (like water and electricity), and waste management systems is crucial.
Licence Conditions:
A licence may include conditions regarding:
The type and number of caravans (touring or static).
Provisions for emergency services and fire safety.
Limits on how many months per year caravans can be occupied.
How Difficult Is It to Obtain?
The complexity of obtaining a licence will depend on local council requirements and whether your site complies with safety, environmental, and infrastructure regulations. Rural sites often face fewer restrictions, but areas with environmental protections or heavy tourism demand may pose more challenges.
Alternative Options - Could You Support an Eco Village?
At THC , we build more than just leisure homes and have a duty to provide affordable living in the form of compact housing, in the form of tiny homes, for young professionals who are being priced out of their towns away from friends and family. For those with a spare acre of land that has road access, we are seeking rental plots, between 6-8 homes within the acre for these homeowners to rent from 3 up to 5 years. Planning would be required for a residential caravan site and the rent from the homeowners would generate a steady income for the landowner with the land offering a shared allotment, fruit hedges and an orchard for healthier living. The tiny homes are on wheels are only require a water and wastewater connection as they are fitted with solar and are highly energy efficient to run 100% off the grid.
We’d support the farmer with the development of the site, using groundscrews instead of concrete pads to reduce the impact on the ecology of the land, using solar panels and battery storage so minimal electric lines have to be run, and using a simple water connection which is likely on all agricultural land already, further reducing costs.
Our team then support you by finding locals in the area, and those that are within a 50 mile radius, looking to purchase one of these eco homes on your land to place it on a pitch.
We’d support you further with the planning application, so that everything is as streamlined as possible.
Sound like something you’d be interested in? Email leanne@thetinyhousing.co to receive the Eco Village PDF
Get in touch today discuss this in more detail.
Welsh Regulations, here are some snippets;
Town and Country Planning Act 1990: Defines 'development' in Wales, emphasizing the need for planning permission for most building and engineering operations.
Structures: Guidance on when structures like sheds, polytunnels, and compost toilets may need planning permission, based on size, permanence, and ground attachment.
Demolition: Conditions under which small-scale demolitions may not require planning permission.
Permitted Development Rights: Explains the December 2020 Welsh Government Order that amended PD rights, particularly for community growing spaces and small structures.
Agricultural Units: Distinguishes between units over and under 5 hectares, each having different permissions for development and engineering operations.
Temporary Structures: Outlines regulations for temporary structures and the conditions under which they are permitted.
Minor Operations and Enclosures: Details on minor operations like erecting fences and the specific conditions for their allowance.
Need Help? Book a Discovery Call Today!
To better understand the nuances of developing on agricultural land, consider reaching out to us. We offer a free initial discussion to review your situation and provide clear and actionable advice, how our fantastic, sustainable, eco-lodges & cabins can be used for residential uses as much as holiday lets. If you’re considering what to do with unused land, even something as small as 1-2 acres, then we are looking to partner with Farmers and other land owners to develop eco-villages, supporting those in the local community that may not be able to find a suitable house or get on the housing ladder - sound interesting? Then get in touch today.
Why not join us on a call, by contacting us at 01260 545348 or fill our online enquiry form, and our team will promptly respond.
Conclusion
Agricultural land development in the UK, while intricate, offers significant opportunities for landowners. Understanding the regulations, staying updated with amendments, and seeking expert advice can ease the journey from conceptualization to realization.
