Planning for an Agricultural, Forestry or Rural Workers Dwelling

For initial advice about applying for planning permission for an agricultural, forestry or rural workers dwelling, please get in touch

Gaining planning permission for an agricultural, forestry or a rural workers dwelling in the Countryside all fall under the same area of planning policy and therefore, the same criteria in planning terms broadly apply.

Achieving planning permission for this type of dwelling in the countryside is not always easy but Davies Rural Property Consultants have been successful in guiding our clients through the process on a number of occasions. With the right advice and support coupled with sound evidence relating to your rural enterprise, it is possible to achieve planning for this type of rural dwelling.

This type of planning permission relies on two key components:

(i)             Being able to demonstrate that it is vital to the success of the enterprise, be it farming, forestry or a rural business such as farriery, artisan food producer or other rural enterprise, that a farm or rural worker needs to be on site at all times and this need can not otherwise be met on the property. For example, this may be for animal health and welfare issues when lambing or calving.

 

(ii)           Being able to demonstrate that the business is sufficiently financially sound to be able to support the agricultural working that will be living in the proposed dwelling.

Every business is different and each one must be considered on its own merits when assessing the likelihood of success in obtaining planning permission for a farm or rural worker’s dwelling.

Examples of planning applications where we have been successful in assisting clients to achieve such dwellings are as follow:

  • Permission for a second on farm dwelling on a dairy farm in East Cornwall

  • Planning permissions for dwellings to support equestrian businesses such as a professional eventing and breeding yard in Cornwall and a professional horse racing training facility in South Somerset.

  • A third on farm dwelling for an agricultural worker on a sheep and arable farm in South Devon

With existing farming enterprises, we are mostly commonly asked to assist with permission for a second or third on-farm dwelling to house family members who work on the farm or a farm worker. We have also been asked to assist in cases where those looking to take a back seat in their farming enterprise whilst retaining their farm, wish to let a young farmer and perhaps their family take over the day to day running of the farming enterprise whilst the client retains a management role in the business.

The good news in these situations is that the latest national government guidance to planning authorities is broadly supportive of secondary dwellings, especially where this makes way for succession. Each local planning authority (LPA) has their own policies and views on this so please contact us for advice on what applies in your area.

Along with the normal planning requirements such as the correct plans, forms, design and access statement, the backbone to this type of application lies in a robust planning appraisal report. This provides all the of the background information in relation to the enterprise from a functional and financial perspective to support and justify the proposal. We strongly recommend having this document drawn up by a rural planning consultant with the necessary experience and knowledge of what is required in this regard.

Proving that there is a genuine need to live on the applicant’s land is a fundamental element to any application. LPA’s will consider whether alternative accommodation could be found locally that would fulfil the need without the need to build a new dwelling in the open countryside. As part of the application process, a comprehensive search of the residential market is required to check whether other properties are available to rent or purchase within the immediate surrounding area which would meet the need as an alternative.

It is important to note that any permission gained for an agricultural dwelling is likely to have an Agricultural Occupancy Condition and may be tied to the holding it relates to, as part of any planning condition. As an alternative, it is a good idea to consider whether there are any existing buildings that would be suitable for conversion. These could be traditional stone barns that might be suitable for conversion or more modern farm buildings which might be suitable for permission under Class Q permitted development. Please see further advice on this here. The advantage to these is that there would not be any agricultural tie placed on the property or the associated land.

If you do not already have an established rural business with three years financial accounts, it may be best to apply for permission for a temporary dwelling such as a mobile home or log cabin. This provides the applicant with three years to build up a sound financial business before applying for a permanent dwelling later. We have assisted applicants with start-up enterprises such as free range poultry production, horticulture enterprises and rural artisans such has farriers, charcoal producers and other niche rural businesses. With start-up applications it is important to use the period of the three year permission wisely to build a successful business and justification for living on-site permanently.

As with any planning permission, it is important to plan ahead and contact us early in the process for initial advice. Having a well considered plan at the outset and allowing enough time to achieve it, can be the difference between gaining permission or a refusal when it comes to this type of application.

In addition to our advise, we recommend at the outset that your also seek tax advice from your accountant and legal advice in relation to implications for succession, your particular circumstances and the potential implications for Community Infrastructure Levy (CIL).

For planning advice in relation to agricultural, forestry or rural workers dwellings please get in touch.