Buildings and Works:
Farmers and foresters enjoy considerable freedom from planning control, by virtue of a general planning permission for agricultural and forestry buildings and other works which is granted by national legislation.
However, farmers and foresters must still notify the Council of their intention to do the work, and the Council can insist on details being submitted for its approval.
This page describes the "prior notice" procedure, and says what the Council's powers are.
This page does not provide full details of the types of works that are (or are not) "permitted development". However, for general guidance, the degree of freedom from planning control for agricultural and horticultural works varies according to the size of the farm holding:
- holdings of more than 5 hectares (12.3 acres) have the fullest range of "permitted development" rights, including permission for the erection of some buildings;
- holdings with more than 0.4 ha (1 acre) but less than 5 ha (12.3 acres) have a limited range of "permitted development" rights, including the alteration or extension (but not erection) of buildings;
- holdings of less than 0.4 ha (1 acre) have no "permitted development" rights at all.
The size of the holding is not taken into account in deciding whether forestry works are "permitted development".
Farmers and foresters are recommended to seek advice from their own organisations, or from the Council's Planning and Transportation Service. The Service will also give advice to the general public about these matters.
Where the proposed works are NOT "permitted development" under national legislation, planning permission from the Council is required in the normal way (see 
Detailed Planning Permission).
The Prior Notice Procedure
Before starting any building or other works that are "permitted development", the farmer or forester must notify the Council. Special forms are supplied for this purpose depending on the type of development proposed. Please see Application and Fee Forms for details of the forms and plans required.
If the Council considers that it is necessary to protect important amenity, it may require the farmer or forester to submit details of the building or works for its approval.
The Council has 28 days to make this decision. After submitting the notice to the Council, the work described in the notice may start:
- when the Council has given notice (within the 28-day period) that its approval IS NOT REQUIRED, or
- after 28 days, if the Council has not notified the farmer/forester that its approval is required.
If, within the 28-day period, the Council notifies the farmer/forester that the proposed works require approval, work may not start until such details have been submitted and approval has been given.
If such approval is refused, or is granted subject to conditions which are not acceptable to the farmer/forester, there is a right of appeal to the Office of the Deputy Prime Minister, as with a normal application for planning permission.
The Council's Powers
The prior notice procedure gives the Council limited powers to protect important matters of amenity that may be affected by agricultural and forestry works. It does not allow the Council to bring all such development under full local control.
The Council is expected to have due regard to the operational needs of agricultural and forestry businesses, and the need to avoid imposing any unnecessary or excessively costly requirements.
However, the Council will need to consider the effect of the proposed development on the landscape in terms of visual amenity and the desirability of preserving:
- ancient monuments and their settings;
- known archaeological sites;
- listed buildings and their settings;
- sites or recognised nature conservation value (e.g. Sites of Special Scientific Interest and Local Nature Reserves).
Fees
A fee is payable when the notification is first submitted to the Council (please contact the Development Control Office for details of the fees). If further details have to be submitted there is no further fee.
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