Permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015 allow certain developments to be carried out on agricultural land without the need for full planning permission. These rights are set out in Part 6 (Agricultural and Forestry) and are divided into two main categories depending on the size of the agricultural unit:
- Class A: Agricultural units of 5 hectares or more.
- Class B: Agricultural units between 0.4 hectares and less than 5 hectares.
Class A – Agricultural Units of 5 Hectares or More
Under Class A, permitted development includes:
- The erection, extension, or alteration of a building.
- Excavation or engineering operations necessary for agricultural purposes within the unit.
Specific Conditions for Permitted Development:
- The development must be reasonably necessary for the purposes of agriculture.
- Buildings or structures must not be designed for non-agricultural purposes.
- Certain restrictions apply regarding size, height, and proximity to roads, aerodromes, or protected buildings. For example:
- Buildings cannot exceed 12 metres in height unless within 3 kilometres of an aerodrome, where the limit is 3 metres.
- Any development must not be within 25 metres of a trunk or classified road.
- Developments for livestock accommodation or slurry storage must not be within 400 metres of a protected building (e.g., residential properties not associated with the farm).
Class B – Agricultural Units Between 0.4 and Less Than 5 Hectares
For smaller agricultural units, Class B allows:
- The installation of additional or replacement plant or machinery.
- Provision, rearrangement, or replacement of pipes, cables, or other apparatus.
- Formation of hard surfaces or private ways.
Restrictions for Class B:
- Development must be reasonably necessary for agricultural purposes.
- Height restrictions apply, similar to Class A (e.g., machinery not exceeding 12 metres in height or 3 metres near aerodromes).
- Developments must not materially affect the external appearance of the premises.
- No development is allowed within 25 metres of a trunk or classified road.
What About Batteries?
When it comes to the installation of batteries on agricultural premises, these may fall under the category of “additional or replacement plant or machinery” as outlined in Class B(b). However, there are several key considerations:
- The batteries must be reasonably necessary for agricultural purposes. For example, they might be used to store electricity generated by renewable energy sources like solar panels or wind turbines installed on the farm.
- The installation must comply with the height and area limits outlined in the regulations.
Prior Approval Process
In certain cases, a prior approval application may be required before beginning the development. This applies if the development involves significant alterations or could impact the external appearance, siting, or design of the agricultural premises. For example:
- If the battery installation involves large structures that may exceed size limits or affect nearby protected buildings, local planning authorities may require prior approval.
- Applications must include a description of the proposed development, materials to be used, and site plans.
Summary
The installation of batteries on agricultural land may qualify as permitted development under Class B (for smaller units) or Class A (for larger units) as long as the installation meets the criteria for being reasonably necessary for agricultural purposes. However, care must be taken to adhere to restrictions related to height, proximity to roads or protected buildings, and external appearance. Where required, prior approval must be sought from the local planning authority to ensure compliance with these regulations.
In conclusion, while permitted development rights offer flexibility for agricultural operations, it is essential to review the specific criteria and conditions carefully to determine whether additional permissions or prior approval might be needed for your battery installation.