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Permitted Development rights for agricultural buildings clarified

On 13 March 2012 the Government issued Statutory Instrument 2012/748 which clarifies the position of development regarding farm micro generation equipment and Part 6 of the Town & Country Planning (General Permitted Development) Order 1995.

Government has made it clear in SI2012/748 that structures to house bio mass boilers, anaerobic digestive systems and associated waste and fuel stores and hydro turbines may be installed as permitted development on agricultural land with effect from 6 April 2012 in England.

Permitted Development is development which has been granted planning permission under the Town & Country Planning (General Permitted Development) Order 1995 and which can be made subject to conditions and which can be withdrawn by a condition on a planning permission or by an Article 4 Direction imposed by a local planning authority.

Most new agricultural buildings including alterations to existing buildings, engineering works and fundamental change of use of agricultural buildings or agricultural land are controlled by the planning system and will in many cases require planning permission.

A number of developments are permitted by the GPDO and it may not be necessary for planning permission to be applied for in respect of them.  Nevertheless, those Permitted Developments do in many instances need to be notified to the LPA before the development takes place known as the Prior Notification procedure. Proposals must be submitted for a determination as to whether details of siting, design or external appearance will be required.

All Permitted Development for agricultural buildings and operations under classes A and B are subject to the proviso that the development must be reasonably necessary for the purposes of agriculture within the unit; the land must be in use for agriculture and is so used for the purposes of an agricultural trade or business.

For more information please refer to Paul C. Burbidge, Head of Commercialat Gullands.