Agricultural buildings and land: permitted development rights
Produced in partnership with Martha Grekos
Agricultural buildings and land: permitted development rights

The following Planning guidance note Produced in partnership with Martha Grekos provides comprehensive and up to date legal information covering:

  • Agricultural buildings and land: permitted development rights
  • Schedule 2, Part 3, Class Q—change from agriculture to residential
  • Schedule 2, Part 3, Class R—change from agriculture to flexible commercial use: Class A1(shops), A2 (financial and professional services), A3 (restaurants and cafes), B1 (business), B8 (storage or distribution), C1 (hotels) and D2 (assembly and leisure)
  • Schedule 2, Part 3, Class S—change of agricultural to state-funded school or registered nursery
  • Permitted development rights in Wales

This Practice Note looks at certain of the permitted development rights in England under Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (GPDO 2015). For further information on permitted development in England generally, see Practice Note: Permitted development in England.

Under the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for the carrying out on land of any development.

Development is defined as the ‘carrying out of building, engineering, mining or other operations in, on, over or under the land, or the making of any material change in the use of any buildings or other land’.

‘Agriculture’ for the purposes of TCPA 1990 is defined in TCPA 1990, s 336.

Uses for agricultural purposes do not involve development but changes from agriculture use to another land use, eg residential, would be a material change of use.

The Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the UCO), puts uses of land and buildings into various categories known as 'use classes' (eg residential use is a C3 use). See Practice Note: Operation of the use classes order.

Some material changes of use from one land class use to another do not require an application for express planning permission from the local planning authority (LPA) because deemed planning permission for the change