The planning system has long presented challenges for farmers, often standing in the way of diversification needed to adapt to economic pressures. Calls for reform have been growing, and recent announcements from Environment Secretary Steve Reed at the Oxford Farming Conference seem to offer hope. However, the proposed changes to permitted development rights may not deliver the scale of transformation needed.
What are the proposed reforms?
The spring consultation announced by Reed is focused on increasing food production and supporting diversification for farm businesses. While broadly welcomed, details remain sparse, and initial impressions suggest the reforms may result in incremental changes rather than wholescale reform.
It’s anticipated that any reforms benefiting farmers will involve adjustments to existing permitted development rights. However, as with any planning policy, the success of these changes will depend heavily on the finer details.
What are permitted development rights, and why are they important?
Permitted development rights allow certain types of building works and changes of use without needing full planning permission. For farmers, these rights can be a lifeline, offering a faster route to diversify income streams through ventures such as farm shops, renewable energy installations, or wedding venues.
However, utilising permitted development rights isn’t straightforward. Decisions are made at the local level, often requiring prior approval from planning authorities. This process can be fraught with challenges, including concerns over traffic, noise, and misconceptions about misuse of Class Q rights – such as the notion that farmers are attempting to convert barns into homes ‘under the radar’, which can cause local backlash.
Challenges farmers face with permitted development rights
- Local authority barriers – Local planning authorities are already under-resourced. Since permitted development right applications don’t carry the fees associated with full planning applications, they may be deprioritised internally, causing delays with decision-making. With other changes going on elsewhere in the planning system, such as the unlocking of greenbelt land, the number of planning applications will likely rise, further piling pressure on to local planning authorities.
- Article 4 directions – Local planning authorities can withdraw permitted development rights altogether within their area using an Article 4 direction. This forces farmers to go through the full planning process instead, which can be time-consuming and costly, with the decision making open to local factors of influence. While Article 4 is intended to protect the ‘character’ of an area, if used it would limit farmers’ opportunities for diversification.
- Conditional approvals. To address concerns like traffic or noise, local planning authorities may impose conditionality on prior approvals. For example, turning a barn into a farm shop could increase local traffic, while repurposing a site for events might lead to complaints about noise. These restrictions could significantly limit the feasibility of such ventures.
Will the proposed changes make a difference?
For the proposed reforms to be truly effective, central government will have to make it clear to local authorities that giving prior approval to these requests is essential to help farmers diversify their incomes in a bid to keep the agricultural sector afloat. Measures should also be introduced to streamline the process and provide consistent guidance across regions.
Although Reed’s broader support for renewable energy is a positive step for farmers, without measures to address the immediate challenges with permitted development rights, the planning reforms trailed may well fall short.
What happens next?
With the consultation announced for spring, while the proposed consultation may signal hope, any outcomes are unlikely to be implemented before the end of the year – at the earliest. This leaves the farming industry facing an extended period of uncertainty, with very little immediate support to diversify in the meantime.
It is feared, that without short-term attention, farmers could be pushed to the brink of financial viability, not for want of trying.
Get in touch
Amy specialises in agricultural property law, bringing more than 16 years’ experience.
She advises on a variety of matters such as buying and selling farms and estates, agricultural tenancies, easements, bank security work, and advising landowners on diversification projects such as commercial leases and selling land for development.
Anna has 15 years’ experience advising on all aspects of planning, compulsory purchase and highways law.
Acting for a variety of public and private sector clients throughout her career including landowners, promoters, developers, local authorities, central government agencies, regional development agencies, and various NHS Trusts.
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