Understanding the requirements for a prior notification application for agricultural buildings in England.
The General Permitted Development Order (GPDO) is complex and detailed and needs to be applied and interpreted in each individual circumstance but there are restrictions and limitations that need to be considered when looking at the best route forward for your new agricultural building.
To help avoid wasting time and money going down the wrong road, I've set out some of the key points when considering applying for permitted development.
Size matters - How big is the farm?
There are minimum stipulations on the types of developments you can undertake depending on both your overall size and the parcel on which you are intending to build. Put simply, if you are over 5ha (12.35 acres) you have the full range of options, if the separate parcel of land you are developing on if over 1ha. There are still permitted developments you can utilise if your holding is under 5ha (but over 0.4ha) but these are much more limited.
Where will it go? - Restrictions on location/siting.
The most challenging restrictions set out in the GPDO are on location. Surprisingly, being in a national park, area of outstanding natural beauty (AONB) or other sensitive area doesn't necessarily remove PD rights, each area has its own rules and need to be carefully explored before applying.
For the building location, it must be at least 25m from a road, 400m from an occupied building if it is to contain livestock or slurry (excluding the farmhouse) and meet some additional criteria. It also needs to be sensitive to ancient woodland, monuments and aerodromes.
It is always better to locate buildings close to the existing cluster of the farm if it is practical and feasible, and the local authority will always prefer if the location is more sensitive to the local area and avoids prominent positioning.
Design - Buildings that are reasonably necessary.
The building must be "reasonably necessary for the purposes of agriculture", and its design must demonstrate its proposed use. Its size must reflect the purpose and including details on crop storage, livestock numbers, or machinery that needs storage, can assist the planning department with their decision making. Additional detailed statements can be helpful to justify the size and design of the building against the nature and scale of the farming operation.
Whilst not a minimum requirement, including a drawing of the proposed building can often help the planners to understand what you are looking to achieve.
Article 4 Directions - Permitted development rights withdrawn?
The planning authority may have removed some of your permitted development rights by issuing an "Article 4" direction. If this is the case then a full planning application will be required.Most common in conservation areas, the Article 4 directions can be put into place to protect an area of acknowledged importance. You should be aware if your holding is affected by an Article 4 direction, but if you are unsure the local planning authority can check for you.
Help and advice on applications.
N Field Projects would be happy to work through the requirements and help you assess the right application. Making sure you meet the criteria, give the planners the information they need, and including the right additional information can save time and money and ensure the right outcome for your application. We can also provide the drawings, O/S map and statements required for successful outcomes. If you would like to speak with us, or arrange a site visit, please feel free get in contact.
