Maximising Farm & Estate Business through the Town Planning System

1. Maximising Farm & Estate Business through the Town Planning System • Ian Butter BSc FRICS MRTPI

2. Permitted Development • Use Classes Order • Policy Planning • Planning Permission

4. Initial Checks • Where am I? -Article 1(5) Land – includes land within: • Conservation Areas • Areas of Outstanding Natural Beauty • National Parks • the Broads • World Heritage Sites - Article 1(6) land – land with limitations on PD Rights - The Green Belt - Flood Risk Zone 2 or 3

5. What do I have? • Residential / Commercial / Industrial property • Land Holding of more/less than 5ha • Listed Buildings (or proximity thereto) • Heritage Landscapes (Parkland/Gardens) • Woodland/Moorland

6. Am I restricted? • Article 4 Directions • Planning Conditions • Previous Appeal Decisions • Enforcement Notices • Policy Constraints

7. Useful Information

8. Permitted Development

9. Uses of Land – 28 Days per Year

10. Uses of Land – 14 Days per Year

11. Residential

13. Commercial – Agricultural • Works for the erection, extension or alteration of a building • Any excavation or engineering operations But: • Must be within an agricultural unit • Must be directly related to agriculture or forestry • Plethora of limiting requirements

14. There are differences between land holdings of less and more than 5Ha • May have to seek prior approval of the local authority • Winning and working of minerals – reasonably necessary for agricultural purposes • Similar provisions for Forestry Buildings & Operations

15. Commercial - General • Extension/Alteration of an Industrial Building/Warehouse For three years from 30/05/2013 to 30/05/2016 - the floor space limit for any new building is increased from 100 square metres to 200 square metres - the overall floor space limit for all works (i.e. new buildings and extensions) is increased from 25% to 50% (subject to a maximum of 1,000 square metres) The works must be completed on or before 30/05/2016, and the developer needs to notify the local authority after completion. Excludes buildings on Article 1(5) land and sites of special scientific interest

16. Alternative Energy – Non Domestic

17. Use Classes Order

18. UCO - The New Flexible Rules Part 3 Class M – Flexible Use • Allows a change of use from an agricultural use to a “flexible use” either:- • A1 - Shops • A2 - Financial & Professional Services • A3 - Restaurants & Cafés • B1 - Business • B8 - Storage & Distribution • C1 - Hotels • D2 – Assembly & Leisure So long as: 1) the property has been solely in agricultural use either since 03/07/2012 or for at least 10 years and; 2) subject to a cumulative floor space limit of 500 square metres; 3) this class does not apply to a safety hazard area, a military explosives storage area, a listed buildings, or a scheduled monument. The property may subsequently change from one “flexible use” to another “flexible use”.

19. Policy Planning • Local Plans – (Local Development Framework) • Neighbourhood Plans

20. Participation • Negotiation • Representation

21. Yimby or Nimby?

23. Planning Permission • Investigation • Validation • Application • Presentation

24. The NPPF 1000+ pages into just 58 ‘user friendly’ pages

25. Lawful Development • 4 Year Rule • 10 year Rule • Certificates of Lawfulness • Enforcement Issues

26. Housing

27. The ARC-Addington Fund is one of the Farming Help charities and helps maintain the economic and social fabric of the farming community.

28. Poundbury Dorset

29. Retail & Catering

30. Tourism Lodges Bed & Breakfast Glamping Tents & Caravans Hotels Pods

31. Workspace

32. Broughton Hall c.1965

33. My Office !

37. Hathersage Business CentrePeak District National Park

38. Q & A’s

39. Thank You Ian Butter FRICS MRTPI www.ruralurbanplanning.co.uk ianbutter@ruralurbanplanning.co.uk