Permitted Development
Farmers in England can often develop buildings, infrastructure, and diversify by utilising their Permitted Development Rights instead of applying for planning permission and submitting a Prior Notification. Applying for Permitted Development, also referred to as ’28 day notice’, allows certain types of development on agricultural land to be carried out without going through the normal planning process.
For farmers, understanding what can be achieved under permitted development can unlock opportunities for farm expansion, diversification, rural housing and additional income streams.
Below are 4 examples of the most commonly utilised Permitted Developments for farmers across the Midlands, and the rest of the country.
Agricultural Buildings – Class A
Agricultural Buildings – Class A (Agricultural Development on units of 5 hectares or more)
One of the most commonly utilised permitted development rights for farmers is for the construction of new buildings and other infrastructure.
Examples of typical developments that can be permitted include:
- Agricultural Storage Buildings
- Livestock Building
- Grain Store
- Silage Clamps
- Farm Tracks
- Hardstanding Areas
- Waste and Slurry Stores
For many farms, this route provides a fast and cost-effective alternative to full planning permission, however, there are certain criteria which may preclude some holdings from applying for development this way.
- The agricultural unit must be at least 5 hectares
- The parcel of land the building is being erected on must exceed 1 hectare
- The building must be considered reasonably necessary for agriculture
- Prior approval may be required for siting, design, appearance, scale, use, transport and noise
- Maximum size limits apply (maximum - 1500 m² per building, and 12m in height)
Almost all examples of Permitted Development require a Prior Notification to be submitted to the relevant Local Planning Authority, such as:
Derbyshire:
Amber Valley Borough Council, Bolsover District Council, Chesterfield Borough Council, Derbyshire Dales District Council, Erewash Borough Council, High Peak Borough Council, North East Derbyshire District Council, South Derbyshire District Council.
Leicestershire:
Blaby District Council, Charnwood Borough Council, Harborough District Council, Hinckley & Bosworth Borough Council, Melton Borough Council, North West Leicestershire District Council, Oadby & Wigston Borough Council.
Nottinghamshire:
Ashfield District Council, Bassetlaw District Council, Broxtowe Borough Council, Gedling Borough Council, Mansfield District Council, Newark & Sherwood District Council, Rushcliffe Borough Council.
Staffordshire:
Cannock Chase District Council, East Staffordshire Borough Council, Lichfield District Council, Newcastle-under-Lyme Borough Council, South Staffordshire District Council, Stafford Borough Council, Staffordshire Moorlands District Council, Tamworth Borough Council.
Warwickshire:
North Warwickshire Borough Council, Nuneaton and Bedworth Borough Council, Rugby Borough Council, Stratford-on-Avon District Council, Warwick District Council.
Agricultural Buildings – Class B
Agricultural Buildings – Class B (Agricultural Development on units less than 5 hectares)
Under Class B agricultural permitted development rights, development may be carried out on a separate parcel of agricultural land, provided that the land is at least 0.4 hectares in size. As with all agricultural permitted development rights in England, the proposed works must be reasonably necessary for the purposes of agriculture.
When applying for Class B permitted development, the local planning authority may require evidence to demonstrate that the scale of the proposed development is proportionate to the agricultural operation, similar to Class A, taking place on the land. In practice, this means the size and nature of any agricultural building extension should reflect the needs of the farming activity.
Unlike Class A, Class B does not allow the construction of entirely new agricultural buildings. However, farmers are able to extend existing agricultural buildings by up to 25% of their original cubic content.
There are also size restrictions that apply. Following any extension, the agricultural building must not exceed a total floorspace of 1200m².
In addition, the development must not significantly alter the external appearance of the building, ensuring that the proposal remains appropriate within the surrounding rural landscape.
Understanding how Class B Agricultural Permitted Development Rights operate can help farmers make practical improvements to existing buildings while avoiding the need for full planning permission and the associated surveys that may come with this process.
Class R - Agricultural to Commercial
Different to Class A & B, the determination period for a Class R Prior Notification is 56 days from validation.
Class R Permitted Development allow farmers in England to change the use of an agricultural building to a range of flexible commercial uses without the need for full planning permission. These rights are commonly used to support farm diversification and rural business development.
Under Class R, agricultural buildings can change use to several commercial use classes, including:
- Class B2 (General Industrial)
- Class B8 (Storage or Distribution)
- Class C1 (Hotels)
- Class E (Commercial, Business or Service uses)
- Class F2 (c) (Outdoor Sport and Recreation).
Class R also allows buildings to be used for agricultural training purposes.
The Class B2 industrial use is restricted to the processing of raw goods produced on the site (excluding livestock) that are then sold from the site, along with goods ancillary to that processing.
The maximum cumulative floor area now permitted under Class R on a single holding is 1000m², and is not allowed to exceed this.
As with other permitted development rights, such as Class Q Barn Conversions, certain eligibility criteria must be met.
If a building was in agricultural use on 3 July 2012, it can qualify for Class R regardless of how it has been used since. If the building ceased agricultural use before that date, it may still qualify provided it remained unused until 3 July 2012.
Where the agricultural use began after 3 July 2012, the building must have been used solely for agriculture for at least 10 years before the proposed change of use.
There are also location restrictions.
- The building must not be a Listed Building or within the curtilage of one, or form part of a Scheduled Monument.
- It must also not be located within a safety hazard area or explosives storage area.
- However, Class R development can still apply within designated landscapes, including National Parks, Areas of Outstanding Natural Beauty and conservation areas, and the building does not need to be redundant.
It is important to note that Class R only allows the change of use of the building. Any external alterations or building works that materially affect the external appearance will generally require full planning permission.
Class Q - Agricultural to Residential
Class Q Permitted Development rights allow farmers in England to convert existing agricultural buildings into residential dwellings by submitting a Prior Notification.
Similar to Class R, the determination period for a Class Q is 56 days.
These rights apply to barns and other agricultural structures, subject to prior approval, and are limited to a maximum of 10 dwellings, 1000 m² cumulative floorspace, and 150m² per dwelling.
Local authorities assess proposals for issues such as
- Contamination
- Flood risk
- Highways Impact
- Noise,
- Design
- Natural light
- Whether the location or sitting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to residential
For farmers and landowners, Class Q is a key tool for farm diversification, turning redundant barns into valuable homes while making efficient use of existing buildings. To learn more about eligibility criteria, prior approval requirements, and practical tips for Class Q conversions -
Get Expert Planning Advice
Whether you are considering any development that may or may not be considered acceptable under Permitted Development, Henderson Planning & Design Ltd can guide you through the entire process with years of experience on all of the above Prior Notifications and other Rural Development.
With experience working on a mixed beef, sheep, and arable farm in Leicestershire, we understand the farming industry better than most and we provide tailored advice, high-quality design, and full planning consultancy to ensure your development has the best chance of success!
It would be worth noting that while erecting structures and other development under Agricultural Permitted Development may save time and cost in the short term, it may preclude you from other development later down the line, sometimes effecting other Permitted Development for up to 10 years!