639. Application to smallholdings of legislation relating to planning permission, rating and non-agricultural usage.

Planning permission is not required for the development of smallholdings1, since cultivation of a smallholding amounts to agricultural use for the purposes of the Town and Country Planning Act 19902 and the use of land for the purposes of agriculture does not amount to development of the land for the purposes of that Act3. Hereditaments consisting of agricultural land are generally exempt from non-domestic rating4.

Smallholdings are usually let for cultivation and may have restrictions that they should not be used for any trade or business. If a smallholding is subsequently used for a trade or business which is not