Planning permission: the basics

PUBLISHED: 08:11 28 March 2014 | UPDATED: 08:44 28 March 2014

Check if you need planning permission

Check if you need planning permission

Advice from Brian Barrow, managing director
consultants Acorus Rural Property Services Ltd

Many owners of small rural based businesses often find themselves in trouble with the planning authorities. Often it is not a wilful desire to not comply that is the problem but a lack of knowledge or, worse still, inaccurate information.
As most rural land based business involves agriculture of some form, that is a good starting point. Agriculture in its pure sense is outside of planning requirements in terms of the use of land or existing buildings – that is, it is not classed as development. Therefore you can grow crops or keep animals without the need for planning permission. Beyond this it gets more complicated. Some of the typical issues begin as follows:

Moveable/temporary structures
Something which is a structure or chattel placed on land is a use not a building. In its simplest form a pig ark which is moved around providing shelter for a pig would not need planning permission.
If the structure is used to keep a non-agricultural animal then, unless the land has permission to keep that animal on it, the use nor the structure would be permitted.

Engineering operations
Moving soil, digging holes and making new accesses are all engineering operations and therefore constitute development. The General Permitted Development Order gives agriculture a significant amount of permitted development i.e. cases where you do not need planning permission. Different rules apply to holdings above and below 5 hectares (12.35 acres).

Agricultural buildings can be permitted development on larger holdings subject to various rules, but, even if they do qualify, will be subject to the Prior Notification procedure which gives the Local Planning Authority 28 days to say they wish to influence the siting, design and external appearance. This is an area where significant amount of problems occur given the complicated exceptions and rules.

Consequences of not having planning permission
Not having planning permission for a use or development is not illegal but could result in enforcement. A defence against enforcement can be achieved by way of a Certificate of Lawful Existing Use or Development (CLEUD) if the development has been in place long enough.
If you are setting up a farm or expanding, tactics can be important as well as knowing your rights.
MORE: see

Acorus Rural Property Services Ltd

Interact with other smallholders and post your questions

Visit our forums

More from Getting Started

Thursday, December 3, 2020

Debbie Kingsley starts off this series on smallholding for complete beginners with a question: how much time does having your own smallholding require?

Read more
Friday, August 23, 2019

Autumn is the time for the selection of replacement breeding stock. Tim Tyne offers advice on picking out the cream of your new crop of lambs, or looking at alternatives to rejuvenate the flock

Read more
Friday, August 23, 2019

If you’re taking the plunge and are intending to buy goats there are several things to consider before you part with your money, not least whether you want them for meat, milk or fibre. Lee Connor offers some sage advice

Read more
Thursday, July 18, 2019

If you have dreams of becoming a goatkeeper, Lee Connor has some vital advice

Read more
Thursday, June 20, 2019

Local agricultural shows are the ideal forum at which beginners to the circuit can show their sheep, says Tim Tyne, who also advises on stock selection and preparation

Read more
Thursday, May 30, 2019

Most breeds of sheep require shearing. Tim Tyne explains exactly how to tackle the vital job of shearing a sheep

Read more

Latest from the Country Smallholding