Branching out down on the farm

The agricultural industry has faced hardship in a number of ways over the last few years, with the rising prices, labour shortages and supply issues caused by both the UK’s exit from the European Union and the Covid-19 pandemic increasing the suffering of farmers even further.

Little wonder then, that entrepreneurial farm owners are looking to branch out and change the use of existing agricultural buildings on their land to put them to more profitable use in a bid to survive in the modern age.

Like other types of property, you will often need planning permission if you want to change how you use your land or buildings from farming to something else, or you want to build a house on the land.

However, as Tracie Middleton, Property Solicitor and agricultural law specialist at Pearsons & Ward Solicitors in Malton (part of Ware & Kay) explains, some building projects enjoy permitted development rights, which means you can potentially make changes to the way you use your agricultural land more quickly and easily.

Permitted development means that if your farm is five hectares or more in size, you have the right to erect, extend or alter a building or carry out excavations and engineering operations needed for agricultural purposes without obtaining planning permission.

The types of permitted development include:

• temporary uses of land;
• agricultural buildings below a certain size;
• forestry buildings; or
• caravan sites and related buildings in some circumstances.

Agricultural to residential use

If you want to change the use of an agricultural building to residential use, you can do so without planning permission, as long as certain conditions are met and limitations abided by.

This includes that you create no more than five separate dwellinghouses (including any previously created under this right). Up to three of the five can be ‘larger dwellinghouses’ (floor space of 100-465m²). Larger dwellinghouses can total no more than 465m² of floor space (including any previously created under this right) and no single dwellinghouse can exceed 465m².

Any such development will usually require you to apply for prior approval from your planning authority based on the:

• transport and highways impacts;
• noise impacts;
• contamination and flooding risks;
• location or siting of the building;
• the design or external appearance of the building (where building operations are required); and
• provision of adequate natural light for residential use.

Agricultural buildings to commercial use

The Town and Country Planning (Use Classes) Order 1987 (as amended) puts uses of land and buildings into various categories known as ‘use classes'. Under these rules, agricultural buildings are permitted to change up to 500m² of floor space to a wide variety of commercial uses without planning permission.

If therefore, you wanted to change the use of an existing agricultural building into something like holiday lets, a creche or a shop (excluding hot food), you could do so without having to obtain formal planning permission.

Again this is subject to limitations and conditions, including (where the cumulative floor space of the change of use exceeds 150m²) the need to apply for prior approval from your local planning authority, which will consider issues such as:

• transport and highways impacts;
• noise impacts; and
• contamination and flooding risks.

Land diversification and the associated planning requirements can be a complicated affair, so you are strongly advised to consult a specialist solicitor who is experienced in these matters before you embark on your change of use projects.

You should also always check with your local planning authority before making use of permitted development rights to make sure that your development will not need planning permission. For further information contact Tracie Middleton on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247, or email tracie.middleton@warekay.co.uk.