Don’t let your diversification ambitions be thwarted by an agricultural land restriction

Many farmers have experienced hardship in the recent past, thanks largely to the combined effects of Brexit and Covid-19. Little wonder then that many are looking to use their land in different ways to boost dwindling profits.

There are several ways you can diversify to make more efficient use of your agricultural land, but, before you embark on a diversification project you need to ensure your ambitions will not be thwarted by a restriction on change of use.

Agricultural ties

If you are considering selling a house on your land that has an agricultural tie (or an agricultural occupancy condition), it may make the property harder to sell.

Under the Town and Country Planning Act 1971, such ties usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or last employed, in the locality in agriculture…or in forestry (including any dependents of such a person residing with him) or a widow or widower of such a person’.

You can comply with the tie if your prospective buyer has previously worked in agriculture or was wed to someone who was. If this does not apply, you can get the tie lifted by your local council if you can show that no-one using the property has been working in agriculture for the past 10 years.

Failing that, you can get the tie lifted if you can prove there is no longer any requirement for agricultural work on the premises and that there have been no would-be buyers over a specific time period agreed with the council.

Finally, you can ask the council to accept another use to fulfil the tie, such as changing it from agricultural to equestrian use.’

Cross-compliance and environmental impact assessments

If you claim for grants such as the Basic Payment Scheme (BPS) or a stewardship scheme you need to abide by cross-compliance rules.

Cross-compliance requires you to take steps to safeguard public, animal and plant health, promote biodiversity, protect boundaries, minimize the risk of pollution to water, soil and land, ensure animals are properly registered and that production of food for human consumption is safe.

You may also need to apply for an environmental impact assessment screening or consent decision, as part of cross-compliance, to change rural land use.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 are designed to protect uncultivated or semi-natural rural land from changes that might cause damage by increasing productivity or changing field boundaries.

You must apply to Natural England for a screening decision if you propose to affect uncultivated or semi-natural land by disrupting the soil surface or subsoil; increasing the use of fertiliser; sowing seed that will increase grassland productivity; draining land; clearing existing vegetation over a certain land size; or increasing stock density.

Natural England’s screening decision will determine whether your proposal is likely to have a significant effect on the environment. You will need a ‘consent decision’, to carry out works if this is the case.

Permitted development

You will often need planning permission if you want to change how you use your agricultural land, but some building projects enjoy permitted development rights which allow change of use to be made more quickly and easily.

If your farm is five hectares or more in size, you can 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; caravan sites and related buildings in some circumstances.

If then, you want to change the use of an agricultural building to residential or commercial use, you can do so without planning permission as long as certain conditions are met and limitations abided by. Any such development will usually require you to apply for prior approval from your planning authority.

Planning permission and protected species

The presence of protected species, such as adders, badgers, Great Crested Newts, bats, otters or common lizards, on your land could affect your planning application for change of use or development of your land.

If there is evidence or a reasonable likelihood of a protected species or priority habitat on the site you want to develop, you need to submit an ecological assessment with your planning application.

If they are present, planning permission is only likely to be granted if any detrimental effects on them can be avoided, mitigated or compensated for.

For more information on agricultural land restrictions, please contact us on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or complete our online enquiry form to see how we can assist.