Agricultural Permitted Development Rights

Class 18 permits a very broad variety of general works on agricultural land connected with the agricultural use of that land. For example, subject to certain conditions, new agricultural buildings may be erected.

For the purposes of these Permitted Development Rights, “designated area” means— (a) a national scenic area; (b) a National Park; (c) a World Heritage Site; (d) a historic garden or designed landscape; (e) the curtilage of a category A listed building; (f) a site of archaeological interest; or (g) a conservation area.

For all other buildings erected under this class, the limit has been increased to 1,000 square metres.

This is a new permitted development right that has been introduced from 1 April 2021.  Change of use of an agricultural building to use as a dwelling is now permitted.

1. Various works such as the installation of windows, drainage, electricity, and other comforts that dwellings ordinarily have are permitted as well but only “to the extent which they are reasonably necessary to convert the building to use as a dwelling”.
2. The building must have been used solely for agricultural use on or prior to 4 November 2019. Buildings constructed after this date do not qualify.
3. There is a 5 dwelling limit.
4. The floorspace of each dwelling cannot exceed 150 square metres.
5. The building to be converted cannot be listed, or located on croft land.

As a condition of converting the building prior approval of the relevant planning authority is required in respect of a number of matters, including the design and external appearance of the building, noise impacts, and access.

This is a new permitted development right that has been introduced from 1 April 2021.  Change of use of an agricultural building to use as a “flexible commercial use” is now permitted.

1. Various works such as the installation of windows, drainage, electricity, and other comforts that commercial units ordinarily have are permitted as well but only “to the extent which they are reasonably necessary to convert the building to a flexible commercial use”.
2. The building must have been used solely for agricultural use on or prior to 4 November 2019.  Buildings constructed after this date do not qualify.
3. The cumulative floorspace of any buildings developed under this Class must not exceed 500m2.
4. The building to be converted cannot be listed.

As a condition of converting the building prior approval of the relevant planning authority is required in respect of a number of matters, including the design and external appearance of the building, noise impacts, and access.

For the purposes of these Permitted Development Rights, “flexible commercial use” means a use falling within the following classes of the Use Classes Order, or a combination of such uses—

(a)  class 1 (shops),

(b)  class 2 (financial, professional and other      services),

(c)  class 3 (food and drink),

(d)  class 4 (business),

(e)  class 6 (storage or distribution),

(f)  class 10 (non-residential institutions).

This is a new permitted development right that has been introduced from 1 April 2021.  Various works to restore peatland are now permitted.

Prior to beginning any restoration of peatland a peatland restoration scheme must be submitted to, and approved by, the relevant planning authority.  Class 20A provides further information about what the peatland restoration scheme must contain.