Agricultural land can offer significant opportunities for farming, rural businesses, diversification and development. However, using agricultural land for a new purpose or carrying out development on it does not automatically mean planning permission will be available.
Whether you are considering building an agricultural structure, converting a farm building, establishing a rural business, developing a holiday accommodation scheme or changing the use of agricultural land, it is important to understand the planning rules before committing to the project.
Agricultural land planning permission can be complex because proposals may be affected by planning policies, permitted development rights, Green Belt restrictions, landscape considerations, highways, ecology and the character of the surrounding countryside.
This guide explains the key planning considerations for agricultural land in the UK and how professional planning and legal advice can help.
What Is Agricultural Land?
Agricultural land is land used primarily for farming and agricultural activities. This can include:
- Growing crops
- Grazing livestock
- Keeping horses in certain circumstances
- Horticulture
- Orchards and market gardens
- Agricultural storage
- Agricultural buildings and machinery
- Other activities connected with agriculture
The fact that land is classified or historically used as agricultural land does not mean that every proposed use will automatically benefit from agricultural planning rights.
The proposed development or use must be considered against the relevant planning legislation, the local development plan and other material planning considerations.
Do You Need Planning Permission for Agricultural Land?
Whether planning permission is required depends on what you intend to do with the land.
Planning permission may be required for:
- Constructing a new building
- Extending or altering an existing building
- Changing the use of land
- Converting an agricultural building to another use
- Creating commercial or leisure uses
- Developing residential accommodation
- Carrying out engineering works
- Creating access or associated infrastructure
Some agricultural development may benefit from permitted development rights, meaning that a full planning application may not be necessary.
However, permitted development rights are subject to specific conditions and limitations.
Agricultural Use Does Not Mean Unlimited Development Rights
One common misconception is that owning agricultural land provides a general right to build on it.
It does not.
Agricultural land remains subject to the planning system, and a proposal that goes beyond the relevant agricultural permitted development rights may require planning permission.
Before starting development, it is therefore important to establish whether your proposal:
- Requires full planning permission;
- Falls within permitted development rights;
- Requires prior approval; or
- Does not constitute development requiring planning permission.
What Can You Build on Agricultural Land?
Certain agricultural buildings may be capable of being developed under permitted development rights, subject to the applicable limitations and conditions.
Examples can include buildings or structures required for genuine agricultural purposes, such as:
- Agricultural storage buildings
- Machinery and equipment stores
- Livestock buildings
- Buildings associated with agricultural operations
- Certain temporary agricultural structures
However, the scale, location and purpose of the development can be important.
The planning authority may consider whether the proposed building is genuinely required for agriculture and whether the development complies with the relevant permitted development provisions.
Agricultural Buildings Must Have an Appropriate Agricultural Purpose
A proposal for an agricultural building should normally be supported by a genuine agricultural need.
For example, a farmer may require additional storage for machinery, crops or livestock.
Where a proposed building appears to have been designed primarily for another purpose, such as residential or commercial use, the planning authority may scrutinise the proposal more closely.
This is particularly important where a landowner intends to construct a building with the eventual intention of converting it into a house or another form of development.
Can You Build a House on Agricultural Land?
Building a house on agricultural land can be possible, but it is generally more difficult than developing land that is already allocated or suitable for residential development.
A proposal for a new agricultural dwelling may need to demonstrate a genuine and essential need for a worker to live at or near the agricultural holding, depending on the applicable local planning policies.
The planning authority may consider factors such as:
- The size and nature of the agricultural enterprise
- The activities taking place on the holding
- Whether there is a genuine need for a worker to live on site
- Whether existing accommodation is available
- Whether alternative accommodation could meet the need
- The financial viability of the enterprise
- The location and design of the proposed dwelling
Simply owning agricultural land or working from the land does not automatically establish a planning case for a new home.
Agricultural Occupancy Conditions
Where an agricultural dwelling is granted planning permission, the permission may contain an agricultural occupancy condition.
Such a condition can restrict who is able to occupy the property, usually by requiring the occupier to be a person connected with agriculture or forestry, depending on the wording of the condition.
This can affect the future use and marketability of the property.
Agricultural Land Change of Use
Changing the use of agricultural land can require planning permission where the proposed use amounts to a material change of use.
For example, converting agricultural land into:
- A commercial business
- A campsite
- Holiday accommodation
- A wedding or events venue
- A car park
- A storage yard
- A leisure facility
- A garden centre
- A commercial equestrian facility
may require planning permission.
Whether a change constitutes a material change of use is ultimately a matter of fact and degree.
Agricultural Land for Business Use
Farm diversification can provide valuable additional income for landowners.
Potential diversification projects include:
- Farm shops
- Cafés
- Rural offices
- Workshops
- Storage facilities
- Holiday accommodation
- Tourism attractions
- Equestrian businesses
- Outdoor recreation
However, diversification does not automatically avoid the need for planning permission.
The proposed use must be assessed against the relevant planning policies and any permitted development rights that may apply.
Agricultural Land and Permitted Development Rights
Permitted development rights allow certain types of development to take place without submitting a traditional full planning application.
Agricultural permitted development rights can cover particular forms of agricultural development, subject to limitations and conditions.
Depending on the circumstances, a proposal may also require prior approval from the local planning authority.
What Is Prior Approval?
Prior approval is a planning process where certain details of a proposed development must be considered by the local planning authority before the development can proceed.
The authority may consider specific matters identified by the relevant permitted development right.
These can include issues such as:
- Transport and highways
- Flooding
- Design
- Location
- Noise
- Contamination
- Landscape impact
The exact requirements depend on the particular permitted development right being relied upon.
It is therefore important to establish the precise planning route before beginning work.
Agricultural Land Planning Permission in the Green Belt
Agricultural land can sometimes be located within the Green Belt, where additional planning policy considerations apply.
Green Belt policy is designed to protect the openness and purposes of the Green Belt. Certain forms of development may be considered appropriate, while other development may be treated as inappropriate unless specific circumstances apply.
A proposal involving agricultural land in the Green Belt may therefore face additional scrutiny concerning:
- Openness
- Visual impact
- Landscape character
- Location
- Scale
- Access
- The purposes of the Green Belt
- Whether the development falls within an appropriate category
The fact that a proposal relates to agriculture does not necessarily mean that it will automatically be acceptable in the Green Belt.
What Will the Local Planning Authority Consider?
When assessing agricultural land planning permission, the local planning authority will consider the proposal against the relevant planning framework.
Local Planning Policies
The local development plan is particularly important.
Policies may address:
- Agricultural development
- Rural businesses
- Farm diversification
- Housing in the countryside
- Landscape protection
- Green Belt
- Biodiversity
- Heritage
- Highways
- Design
- Sustainable development
The planning authority will generally determine an application in accordance with the development plan unless material considerations indicate otherwise.
Landscape and Visual Impact
Agricultural land is often located in open countryside.
A new building, road, parking area or commercial use can therefore have an impact on the surrounding landscape.
The authority may consider:
- The appearance of the development
- Its scale and height
- Materials
- Landscaping
- Visibility from public viewpoints
- Impact on the character of the countryside
Highways and Access
A proposal that introduces additional traffic may require careful consideration of access and highway safety.
For example, a rural business or tourism project may generate more vehicle movements than the existing agricultural use.
The planning authority may therefore consider:
- Site access
- Visibility splays
- Traffic generation
- Parking
- Turning areas
- Pedestrian safety
- Road capacity
Ecology and Biodiversity
Agricultural land can provide important habitats for wildlife.
Development may therefore require ecological assessment where protected species, habitats or biodiversity interests could be affected.
Depending on the proposal, biodiversity net gain requirements may also be relevant.
How to Apply for Agricultural Land Planning Permission
If your proposed development requires planning permission, the application should be prepared around a clear planning case.
Step 1: Establish the Planning Position
Start by determining whether planning permission is actually required.
This can involve reviewing:
- The existing lawful use of the land
- Permitted development rights
- Planning history
- Local planning policies
- Existing restrictions
- The proposed use
Step 2: Consider Pre-Application Advice
Pre-application discussions with the local planning authority can help identify potential planning issues before a formal application is submitted.
This can be particularly useful for complex agricultural development or proposals involving a change of use.
Step 3: Prepare the Application
Depending on the proposal, an application may require:
- Location plans
- Site plans
- Existing and proposed drawings
- Design and access information
- Planning statement
- Agricultural justification
- Landscape information
- Ecological assessments
- Transport information
- Other supporting documents
The precise requirements will depend on the development.
Step 4: Submit and Respond to Consultation
Once submitted, the application may be publicised and relevant consultees may be invited to comment.
The local planning authority will then assess the proposal against the relevant planning considerations.
What If Agricultural Land Planning Permission Is Refused?
A refusal does not necessarily mean the project cannot proceed.
The first step is to understand why the application was refused.
The reasons could relate to:
- Inappropriate development
- Landscape impact
- Highway safety
- Design
- Residential need
- Agricultural justification
- Green Belt policy
- Ecology
- Failure to comply with planning policy
Depending on the circumstances, you may be able to:
- Amend and resubmit the proposal
- Address the identified planning concerns
- Submit a new application
- Appeal the planning decision
A planning appeal should be approached strategically, particularly where the refusal involves complex policy interpretation or legal issues.
How Charrette Law Can Help With Agricultural Land Planning Permission
Agricultural land development can involve both planning and property law considerations.
Charrette Law can assist landowners, farmers and developers with planning and development matters, including proposals involving agricultural land, rural development, planning applications, planning agreements and planning disputes.
Legal and planning advice can help you:
- Assess the planning position before investing in a project
- Understand whether permission is required
- Identify relevant planning policies
- Assess permitted development options
- Address planning conditions
- Review planning restrictions
- Challenge or appeal planning decisions
- Deal with planning and property issues affecting development
Early advice can help identify potential problems before significant costs are incurred.
Get Professional Advice Before Developing Agricultural Land
If you are considering developing agricultural land, changing its use or constructing a building, obtaining advice at an early stage can help you understand your options and the likely planning hurdles.
Charrette Law Firm provides legal and planning support to landowners and developers dealing with planning and property matters across the UK.
Conclusion
Agricultural land planning permission depends heavily on the nature of the proposed development or use. While certain agricultural development may benefit from permitted development rights, other projects—including residential development, commercial uses and significant changes of use—may require planning permission.
Planning policies, Green Belt restrictions, landscape impact, highways, ecology and the agricultural need for the development can all influence the outcome.
If you are considering development on agricultural land, it is sensible to establish the planning position before purchasing land, starting work or investing heavily in a proposed scheme. Professional planning and legal advice can help you identify the appropriate planning route and develop a stronger strategy for your project.
Frequently Asked Questions About Agricultural Land Planning Permission
Do I need planning permission to build on agricultural land?
Not necessarily. Certain agricultural development may benefit from permitted development rights, but these rights have specific conditions and limitations. Other development may require full planning permission.
Can I build a house on agricultural land?
It is possible in certain circumstances, but a new dwelling on agricultural land will generally need a strong planning justification. Where an agricultural worker’s dwelling is proposed, evidence of an essential need may be required.
Can agricultural land be used for business purposes?
Potentially, but changing agricultural land to a commercial or business use may require planning permission. The proposal should be assessed against local planning policies and any applicable permitted development rights.
Can I convert an agricultural building into a house?
Some agricultural buildings may qualify for permitted development rights allowing certain forms of residential conversion, subject to eligibility requirements, limitations and conditions. Other conversions will require a planning application.
Can I use agricultural land for a campsite?
A campsite or tourism use may require planning permission, although certain limited forms of temporary or seasonal use may have different planning requirements. The specific proposal and site circumstances should be assessed before proceeding.
Does agricultural land have permitted development rights?
Some agricultural land and buildings benefit from permitted development rights. However, the rights vary depending on the type, scale and circumstances of the proposed development, and some proposals require prior approval.
Can planning permission be refused on agricultural land?
Yes. An application can be refused where the proposal conflicts with planning policies or causes unacceptable impacts, such as landscape harm, highway problems, inappropriate development or insufficient justification.
Can I appeal if planning permission for agricultural land is refused?
In many cases, the applicant can appeal a refusal to the Planning Inspectorate. Whether an appeal is appropriate will depend on the reasons for refusal and the strength of the planning case.
