Diversification of farmland is an opportunity to generate welcome income and many farmers have already found success in doing so, but grappling with the planning system can involve expense and delay. Whether you're thinking about introducing a farm shop, glamping pods or hosting weddings on-site, good ideas can be hindered by rigid application of planning policies. Our previous blog comments on how the planning system approached TV presenter Jeremy Clarkson's plans for rural diversification at his farm in Oxfordshire.
Diversification of farmland is an opportunity to generate welcome income and many farmers have already found success in doing so, but grappling with the planning system can involve expense and delay. Whether you're thinking about introducing a farm shop, glamping pods or hosting weddings on-site, good ideas can be hindered by rigid application of planning policies. Our previous blog comments on how the planning system approached TV presenter Jeremy Clarkson's plans for rural diversification at his farm in Oxfordshire.
If planning permission is required, there are several issues to consider, including:
- siting and design appropriate to location;
- impacts on amenity;
- impacts on the environment;
- roads and access;
- traffic and parking;
- designations applying to land or its surroundings, such as National Parks or Sites of Special Scientific Interest (SSSIs); and
- relevant planning policies regulating rural diversification and tourism developments.
However, many of these issues may be avoided if there are permitted development rights, which allow a range of developments to proceed without the need for planning permission. These rights are often complicated though, so the following comments are intended as a general guide only. In some circumstances prior notification may need to be sent to the council, giving them the opportunity to consider the proposals and their likely impacts in regard to certain specific factors.
Temporary use
Most temporary uses of land (up to 28 days in a calendar year) have permitted development rights. That includes marquees and other moveable structures associated with the temporary use.
Notably in England, there is a longer period for commercial film-making - up to 12 months in any 27-month period.
In England and Wales, only 14 days in total are permitted for the holding of a market or motor car and motorcycle racing. There are also limitations for SSSIs.
Holiday accommodation
The glamping boom has spawned new breeds of accommodation - eco-lodges, pods, cabins, shepherd huts, tipis and wigwams, to name a few.
Where the accommodation is moveable, planning permission may be required for a change of use of the land, rather than for erection of the units. A potential complication is that the moveable structure might fall within the definition of a "caravan". There are separate permitted development rights for caravan sites (with different rules applying in England, Wales and Scotland) which are not expanded upon here.
A few additional points to note:
- In England, planning permission is not required for use as a recreational campsite for up to 60 days in any calendar year. That includes motorhomes.
- In Scotland, controls on short-term let holiday accommodation may require planning permission and a licence to be obtained from the council. In our previous blog, we discuss planning control for short term lets in more detail.
- If there are existing agricultural buildings, in Scotland there are permitted development rights to convert those into houses or flats, and commercial space (subject to various limits).
You can find out more about the key legal issues for landowners providing holiday accommodation in Scotland in our previous blog.
Rewilding
There is a growing trend of "rewilding" agricultural land as a way of tackling the biodiversity crisis. In England, a rewilding / habitat enhancement project can be used for offsite biodiversity net gain (BNG) units and can therefore provide an alternative income stream as those units are sold to developers.
Generally, rewilding or habitat enhancement would not likely require planning permission unless there is some material change in use of all or part of the land and/or some sort of development works are proposed.
However, if the intention is to "sell" offsite BNG units, then there will need to be an obligation on the land to secure the maintenance of 10% BNG for at least 30 years and the project must be registered. This is usually done by a planning agreement.
No 'one-size-fits-all' rule
As can be seen, there are a mix of options for diversification, with different rules depending on where in the UK the farm is located. It's always best to seek advice before putting plans into action though, to make sure the relevant rules are complied with. Every case has its own individual circumstances and details and as such, would require advice that takes all of those intricacies into account. For more tailored advice for your specific plans, get in touch with us.
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