From Agricultural Storage to Livestock Housing – Why the Change of Use Matters
There can be an important distinction between a building used for general agricultural storage and one used for livestock housing, particularly when relying on Permitted Development (PD) rights.
The 400-metre rule:
The 400-metre rule: PD rights for livestock accommodation do not apply where the building is within 400 metres of the curtilage of a protected building.
A protected building is not limited to a dwelling and can include buildings such as schools, hospitals and offices, subject to specific exclusions. The position will depend on the individual site, and the location of a proposed building can sometimes help steer the application in the preferred direction, whether that be under PD or Full Planning.
This means further down the line, a building that was developed under PD for general agricultural storage may require a full planning application if the intended use is livestock housing.
Why does the use matter?
On the farm, any future planning and new development requires a robust agricultural justification. If an applicant has a permitted development storage building, they cannot reply on this to help with the justification for a new slurry store or silage pit if this building is used to house livestock. Another example would be that it cannot be argued that the youngstock reared within the storage building require temporary or permanent accommodation, when the use of the building in the first instance is unlawful.
Livestock housing brings different considerations, such as odour, noise, manure and slurry management, drainage, traffic and neighbouring properties.
Any application would be required to explain the agricultural need for the building and how it fits within the wider farming business, supported where appropriate by information on livestock numbers, existing accommodation, manure and slurry management, drainage, ecology and ammonia.
Ammonia can be particularly relevant where livestock housing is close to sensitive ecological sites, although the need for an assessment depends on the type, scale and location of the proposal. It is always recommended that the planning statement includes reference and consideration to ammonia and where relevant supported by specialist reporting of letters of support.
Getting the information together
The level of supporting information will vary from farm to farm and location is a very significant factor. A clear agricultural justification, together with the relevant plans and reports, can help the planning authority understand the proposal and reduce the need for further information during the application. There are notable differences in the requirements between Wales and England in terms of reporting to NRW in Wales and requirements in England, in particular with reference to increased herd sizes and ammonia levels but also that of SUDS and Slurry Management. The planning report in isolation is no longer sufficient information and a full application would usually encompass a number of appendices referred to within the main document.
For farmers considering a change or wishing to plan longer term visions on the farm, it is worth considering what lawful uses are currently obtained for the buildings ,before considering the best approach and strategy to achieve the intended outcome. This will seek the most efficient and cost effective strategy, which will need to be tailored to each applicant.
Livestock planning applications can involve more supporting information and reporting than some other agricultural proposals. We have, however, been pleased to have obtained full planning consents for a number of English and Welsh livestock and dairy farmers for new and replacement livestock housing, working through the planning and reporting requirements to help achieve a successful outcome.
If you would like to discuss your ideas or potential project with us, please feel free to call us on 01829 423183.