However with planning permissions promising financial investment and red tape seemingly around every corner, it’s crucial to know your options and possible challenges before going ahead. In this Focus, we examine the top diversification trends, potential income opportunities and explore findings from the CLA’s planning system survey. We also speak with tenant farmer Ralph Raynor about his successful barn conversion, key learnings from his planning application and advice for others thinking about doing the same. The CLA's Planning Adviser, Shannon Fuller explains your options when applying for planning permission, the process in doing so as well as guidance on next steps if your application is rejected or if planning hasn't been obtained
As the Basic Payment Scheme (BPS) is phased out, more farmers are looking at ways to secure additional income from diversification.
IN THIS EDITION
In partnership with
Navigating the planning maze
READ NEXT
A closer look at the science behind optimising your herd health
Reducing mastitis rates in dairy herds by 23%
Elevating livestock performance with trace mineral injections
Retrospective planning…. What are the options?
The power of perseverance when securing planning succes
The key to a successful diversification
CLA Planning
For many farming families, a successful diversification can mean the difference between staying in the black and falling into the red. But achieving this success can often be frustrated by costly planning challenges.
A survey released in 2023 by the CLA suggests the current planning system is flawed. The findings of this survey of 619 businesses showed almost three quarters have been forced to abandon potential business developments due to outdated and under-resourced planning procedures. Shannon Fuller, Planning Advisor with the CLA, believes the enthusiasm for diversification is not waning. She says: “As the Basic Payment Scheme (BPS) is phased out, more farmers are looking to make additional income from their holdings to ensure financial resilience and sustainability for future generations. “Diversification helps farmers spread risks associated with factors such as market fluctuations, unprecedented weather conditions and crop diseases. “Obtaining planning permission is expensive, with a third of respondents to our survey citing costs of around £20,000. Key to success is positive engagement with the planning authority and policy compliant proposals.
Before any decisions are made, there are some key questions to be asked to ensure the best chance of achieving success. “Consider engaging a consultant who understands the local area and policies and can tell you what will or will not be successful before you begin your application.” “Start by identifying buildings or potential areas which could be developed as well as possible constraints. Think about who will be employed in the business, for example are there family members who want to get involved? “It is important to recognise the loss of privacy and increased traffic generated by some diversified businesses. If this is a significant concern, then converting buildings to holiday accommodation or business units may not be the most appropriate choice for some farms and families. “Business storage is a popular option as many start-up businesses need an accessible area to store stock before they deliver out to customers and rural storage can provide a cost effective alternative,” Shannon advises.
Objective thinking
Sabrina Jordan, Farm Product Manager at Virbac
Trace mineral supplementation is a way of increasing marginal gains and saving costs in the long run
Case Study
HOME
Retrospective Planning
Case study
MENU
CLOSE
HOMEPAGE
Diversifications providing days out and activities are another option. Shannon believes targeting so called ‘empty-nesters’ who are likely to be less impacted by the cost-of-living crisis could be profitable for businesses. “Pick-your-own enterprises such as pumpkin patches are popular because depending on the crop, there may be other themed experiences which can bring in extra visitors and income, such as the chance to carve a pumpkin or selling hot drinks. “Provided farmers can meet the conditions and limitations of permitted development rights, they can change the use of agricultural buildings without planning permission Securing prior approval to proceed with the development through this route results in a shorter application window of up to 56 days.” Another option via permitted development is the ability host temporary events on land for up to 28 days without planning permission.
Targeting
of farm businesses in England have some form of diversified income in 2022/2
69%
Farms with diversified activities had an average diversified enterprise income of £27,100
£27,100
Source: Defra
Top diversification trends
Small scale storage facilities for online businesses
Shannon Fuller, Planning Advisor with the CLA
Low cost on-farm activities for families – lambing experiences, maize mazes
Pick-your-own - pumpkins, soft fruit
Farm and forest schools
1 / 4
2 / 4
3 / 4
4 / 4
Obtaining planning permission is expensive, with a third of respondents to our survey citing costs of around £20,000. Key to success is positive engagement with the planning authority and policy compliant proposals
Trace minerals are essential for livestock, but are only required in very small quantities. Vet Kate Ingram, Veterinary Advisor at Virbac, says they have a multitude of different roles throughout the body, both structurally and functionally, and are incorporated into enzymes. Their role in cattle fertility is important, for the production of steroid hormones such as oestrogen and progesterone in females, and testosterone in males. “They are really important for conception, and for the animal to actually maintain pregnancies,’’ Kate advises. “They are also needed for immune function so they are therefore important for an animal's response to a disease challenge or response to a vaccination.’’ Trace minerals have a role in mitigating the effects of oxidative stress too – they get incorporated into antioxidant enzymes and are important in mopping up free radicals.
What are trace minerals?
The power of perseverance when securing planning success
Ralph reflects on the eight year battle as a ‘relentless journey’ as he sought to generate more revenue to safeguard his farm’s future and reinvest in the core farming operations. “We were granted permission with prior approval relatively easily for the first residential conversion in 2017 after providing detailed architectural plans and meeting all other criteria. “We adopted a similar approach for the second barn conversion, but this time we were denied permitted development rights, despite approaching the process in a similar manner. “The development was rejected because it was deemed to pose a flood risk. The Environment Agency supplied the council with an imprecise map showing the barn five metres lower than the initial approved barn. “Despite our evidence indicating the adjacent flood plain was several metres lower than all the barns, the negotiations reached an impasse.”
Patience and perseverance have finally paid off for tenant farmer Ralph Raynor in his quest to convert three redundant buildings into residential homes under Class Q Permitted Development rights.
“We realised we had reached an impasse so decided to halt discussions, regroup and review,” recalls Ralph. Ralph selected a different planning consultant who adopted a ‘softer approach’ and provided a ‘fresh set of eyes’. “We invested in a full flood risk survey and carried out an environmental impact assessment including protected species surveys. I made sure I was present at all meetings with the planning authority.” Seven years later, Ralph secured the planning permission necessary to progress the diversification after investing around £40,000 in the process. While some farmers and landowners are fortunate to be able to absorb these significant costs, for those who cannot, there may be other ways of achieving the same outcome with slightly reduced costs, according to Ralph: “There are elements of the process a farmer can do ‘in house’ but the right advice is expensive. To have the best chance of success, it is vital to be professional and provide empirical evidence and facts.”
Rethink
BEEF
DAIRY
DEEPER DIVE
INTRODUCING MULTIMIN™
In association with
Even though Ralph’s case did not go to the planning committee, he feels it is important to get local council members on board. “Perceptions can be dangerous so we explained our plans to several of the local councillors face to face and showed them we wanted to create a high quality development which would enhance the rural economy. “The more information provided the better so if the development goes to a planning committee for a decision, the facts are represented correctly.”
Damage limitation
Optimising chances of planning application success
Avoid common pitfalls
Issues with highways access and visibility
Non-compliance with biodiversity net gain requirements
Lack of information submitted with a planning application – A site and location plan is the minimum and a business plan to justify the diversification is a likely requirement
Non-compliance with planning policies
Ensure safe access to the site is provided. Consider highway improvements. Check minimum parking requirements
Highways and parking
What do they permit? Do proposals need to be amended to be compliant?
Assess local planning policies
A 10 per cent uplift in biodiversity net gain must be demonstrated. Protected species surveys may be necessary
Factor in ecology
For listed buildings, listed building consent will be required
Consider heritage
Assess visual impact, especially within designated landscapes
Understand how the development might affect landscape
If rights of way cross the application site, these may need to be incorporated into the scheme. Consider the views from access routes as part of the visual impact assessment
Public access
Hover over images for details
>
Ralph's redundant barns before planning permission was approved
<
Barns replaced with new houses
Making changes to or erecting a building, or changing its use without planning permission carries big risks but there may be ways of making the development legally compliant.
The effectiveness of injectable trace minerals has been backed up by several major studies. One involved suckler beef cattle being given a trace mineral injection pre-calving and before a fixed-time artificial insemination protocol.¹ The findings showed an almost 10% higher conception rate in the cows that had received the injectable compared to those that hadn’t. Although the overall pregnancy rate was no different, a greater proportion of the group that had had the trace mineral injected calved in the first 21 days of the calving block compared to the non-supplemented. There have also been studies involving calves on rearing units, an environment where the disease challenge can be quite high. Vet Kate Ingram, Veterinary Advisor at Virbac, says those studies had shown that administering injectable trace minerals had reduced pneumonia and scours.². Although Multimin™ is frequently used to correct a trace mineral deficiency it is more widely used by farmers to give their animals a top-up ahead of periods of high demand, such as the transition period, weaning, disbudding and castration, or to maximise the response to vaccines as it has been shown to increase immunity³. “Those periods of high demand will depend on an individual farm and their system so I would recommend that farmers speak to their vets about when the pinch points are, when their animals experience stress or higher rates of disease,’’ says Kate. “It may be that Multimin™ can fit nicely into that system to help address those.’’
This is according to Shannon Fuller, Planning Advisor with the CLA who confirms obtaining approval for permitted development rights or planning permission in the first place is always preferable. However, if permission is not sought initially, there are two possible routes. “Route A would be to obtain either a Certificate of lawful use or development based on clear evidence that the development or business has been in existence in the current location for a minimum of ten years. “Evidence includes utility bills dating back for this duration, dated photographs (or Google Earth aerial images) showing the building or development, invoices for the delivery of equipment or signed statutory declarations.” The risks of not securing planning permission can be significant, Shannon adds, pointing to the possibility of enforcement action leading to hefty fines and even prison sentences. “Fines for not obtaining planning permission are commonplace and there is no limit on the amount.
Although licks are seen as an easy method of providing cattle with trace elements, Ian cautions that there is no way of knowing whether every animal has accessed these and is therefore getting what it needs. “Licks are fine for the ones that take it but if you’ve got a number of animals in a field you might not expect all of them to take the amount that they need,’’ he points out. Although boluses can work well there are shortcomings with these too, he adds. “When you put a bolus in hopefully it will stay in but it may not, boluses can be spat out and will the boluses cover what you need them to cover?’’ An injectable provides that reassurance, he suggests. “With an injectable you can get them all and you know that everything has been jabbed effectively, has had the correct amount of mineral for what they need.’’ An injectable has practical benefits too, Ian adds. “Farmers much prefer an injection, not having to wrestle with the head of an animal (when bolusing), especially big things like suckler cows. “It’s a hell of a lot easier to just put them down the crush and then inject them.’’
For those who think they may be able to get away without planning permission bear in mind it only takes one anonymous phone call from a disgruntled neighbour for the planning authority to be alerted
Correctly managing the trace mineral status of dairy animals at points of stress, including the weaning and transition periods, is critical to herd productivity and profitability. Kate Ingram, Veterinary Advisor at Virbac, gives expert advice on how dairy farms can achieve this.
“Sometimes the planning argument can be made successfully because the development has been in existence for the specified timescale without causing any adverse impacts. If it is a farm shop or other retail or tourism business, engaging with the customer base can be worthwhile as they may provide letters of support.” The process for retrospective planning is identical to the usual planning process, with a consultation period involving statutory consultees such as the Environment Agency, Natural England and Highways. Neighbours and other stakeholders can also comment on proposals. “The planning authority will assess the proposals against planning policy and this process can takes six to nine months, even though the statutory timeframe states it should only take eight weeks. “The planning authority will then either grant permission or reject the application, giving reasons for refusal. At this point, the applicant can appeal the decision or re-submit the application after addressing the issues highlighted. “An appeal decision will be made by the Planning Inspectorate, an independent Government inspector, based on either written representations provided by the appellant, or following a hearing or public enquiry. The Inspectorate will consider evidence from both sides before arriving at a decision.”
“For those who think they may be able to get away without planning permission bear in mind it only takes one anonymous phone call from a disgruntled neighbour for the planning authority to be alerted.” A local authority may decide to place a stop notice on the development: “The planning authority can, issue an enforcement notice If a farmer is facing potential enforcement action, it is advisable to engage a planning professional.” Shannon points out if a farmer fails to request prior approval to proceed with Permitted Development Rights (such as Class Q), they cannot apply for this retrospectively: “Permitted development rights are a much quicker way of securing the necessary permissions for a development or change of use. Many people miss out on the necessary step of seeking prior approval for permitted development.” Where a development has been in place for less than ten years, the developer must apply for planning permission in the usual way, Shannon advises.
Which route is best for you?
Apply for Certificate of Lawful Use or Development
Undertaken development or change of use without planning permission?
Did the development involve building, engineering, mining or other operations on, over or under land or was the development the change of use of a building into a single dwellinghouse?
Can you demonstrate ten years of uninterrupted evidence?
Apply for Retrospective Planning Permission
Yes
No
