Farm & agricultural diversification

Farm Diversification happens when a food-producing farming business branches out into other areas of business, such as agricultural contracting, renewable energy, retail, leisure or food processing.

There is a general presumption against development of uses in open countryside that are not related to agriculture and forestry. However, in many emerging local plans there is clear recognition that there is a need to diversify away from agriculture into other sectors such as tourism, farm shops or repurposing buildings for other purposes – such as a nursery or gym. In assessing such an application, they would have due regard to the planning policies in the development plan that support such uses.

Other relevant considerations would be where the development is, if for instance, it was an area of outstanding natural beauty or another protected landscape, how the development would affect the landscape and other usual planning considerations would arise in terms of traffic impacts and any other adverse effects on the location of the development. In practice, this would be explored initially through a pre-application discussion with the local authority before committing resources to a full planning application for change of use.

Most agricultural ties are usually imposed by condition and/or by a planning obligation in a 106 Agreement. There are primarily two ways that an agricultural tie can be removed. The first means to remove an agricultural tie is to suggest to the Council that the planning condition no longer forms a valid planning purpose and the usual route undertaken is to undertake a marketing exercise to seek to dispose of the property and if no purchaser comes forward, in the agricultural community then an application is made to the local authority to, in effect, remove the condition. This is dependent on a lack of interest in the property when marketed.

Often a 106 obligation is also attached to the property. If there is no need for the imposition of the planning condition, an agreement can be reached with the local authority to in effect discharge the 106 agreement. Alternatively, if the 106 agreement is more than five years old then an application can be made under Section 106A to discharge the planning agreement.

Secondly, if the agricultural tie has been breached for a continuous period of ten years, then it is possible to make an application for a lawful development certificate to the local authority, this in effect makes lawful a breach of the occupancy condition on the basis that it is immune from enforcement action. This approach will render a current use of the premises lawful, but should the use revert back to agricultural, then the original tie will be re-implemented.