Q&As

Is planning permission required to use land for an allotment?

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Published on LexisPSL on 21/01/2015

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Is planning permission required to use land for an allotment?

Is planning permission required to use land for an allotment?

Planning permission is required for 'development' within the meaning of section 55 of the Town and Country Planning Act 1990 (TCPA 1990). However, the use of any land for the purposes of agriculture is excluded from the definition of 'development' under the TCPA 1990, s 55(e).

However, whether the use falls within the exemption depends on how the allotment is intended to be used. For example, if the use of the allotment has a leisure or decorative element, such as an ornamental garden, it would not constitute agricultural use and planning permission may be required. Please see our Practice Notes: Permitted development in England and Permitted development in Wales for further

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