Planning Consultancy for Farms, Rural Land and Property
Planning applications, permitted development and appeals for residential, commercial, agricultural, equestrian, leisure and energy schemes across the North West.
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- Regulated by RICS
- Director is a Fellow of the CAAV
- Fee agreed in writing before any work starts
Who Our Planning Service Is For
We advise farmers, landowners, rural businesses and property owners who wish to erect a new building, convert an existing one, or change the use of land or buildings.
The Range of Planning Work We Undertake
We handle residential, commercial and agricultural planning matters:
- Residential: new dwellings, the conversion of rural buildings to homes, and householder schemes such as extensions and alterations.
- Commercial: commercial development and farm diversification schemes, including the change of use of land and buildings to business, leisure and tourism uses.
- Agricultural: new farm buildings, prior approvals under agricultural permitted development, and agricultural workers' dwellings.
What Our Planning Service Includes
- pre-application advice and early engagement with the council
- full planning applications
- permitted development, including prior approval for farm buildings
- change of use
- the removal or variation of agricultural occupancy conditions
- the discharge of planning conditions
- appeals against refusal
New Farm Buildings Under Agricultural Permitted Development
Many farm buildings do not require a full planning application. On agricultural units of 5 hectares or more, Part 6 of the General Permitted Development Order allows new buildings and extensions that are reasonably necessary for agriculture, subject to limits:
- a ground area of no more than 1,500 square metres
- a height of no more than 12 metres, or 3 metres within 3 kilometres of an aerodrome
- nothing within 25 metres of a trunk or classified road
- no livestock buildings or slurry stores within 400 metres of a protected building, such as a neighbouring house
These rights still require an application to the council before work starts. The council then has 28 days to determine whether its prior approval is required for the siting, design and external appearance of the building.
Class Q Barn Conversions
Class Q allows agricultural buildings to be converted to homes without a full planning application. The rules changed on 21 May 2024 and now permit:
- up to ten homes on one agricultural unit
- up to 1,000 square metres of floorspace in total, with no more than 150 square metres per home
- a single storey rear extension of up to 4 metres
The building must be capable of conversion, and prior approval is required from the council on matters including transport, noise, flooding, design and natural light. Class Q does not apply on article 2(3) land, which includes National Parks such as the Lake District, National Landscapes such as the Forest of Bowland, and conservation areas.
Agricultural Occupancy Conditions
Many farmhouses and agricultural workers' dwellings carry a condition restricting occupation, usually to a person employed in agriculture. Such a condition can make a property difficult to sell or mortgage.
There are two common ways to remove or vary a condition:
- An application to the council, usually demonstrating that there is no longer a local need for an agricultural worker's dwelling.
- A certificate of lawfulness, where the condition has been breached continuously for ten years.
A further consideration arises where a new dwelling is built elsewhere on the holding under its own planning permission. An occupancy condition attaches to the dwelling on which it was imposed, so the existing condition does not apply to the new house. The new dwelling may, however, be subject to an occupancy condition of its own.
Certificates of Lawfulness (CLEUD) and the Ten-Year Rule
A CLEUD confirms that an existing use or building is lawful because the time limit for enforcement has expired. In England that limit is now ten years for all breaches of planning control. Building works completed, or a change of use to a single dwelling made, before 25 April 2024 remain subject to the former four-year limit.
The council decides each application on the evidence, so dated photographs, invoices and statements from people who know the site are essential.
How a Planning Appeal Works
Where the council refuses permission, imposes conditions you consider unreasonable, or fails to decide an application in time, you may appeal to the Planning Inspectorate. An Inspector appointed by the Planning Inspectorate, independent of the council, decides most appeals. In a small number of cases the Secretary of State decides the appeal instead.
Deadlines for Lodging an Appeal
- Most planning refusals: six months from the date on the decision notice.
- Householder and minor commercial refusals: 12 weeks from the date on the decision notice.
- Where an enforcement notice has been served on the same development: the deadline can be as short as 28 days.
Late appeals are not accepted, so please contact us as soon as you receive a refusal.
The Three Appeal Procedures
The Planning Inspectorate decides which procedure to use, having regard to the views of the appellant and the council:
- Written representations: the most common route, decided on documents and a site visit. For applications made on or after 1 April 2026, most appeals are decided on the evidence that was before the council, so the original application must be thorough from the outset.
- Hearing: a structured discussion led by the Inspector, for cases where the issues are best explored in person.
- Inquiry: the most formal procedure, reserved for complex or contentious cases, where evidence is tested and witnesses may be cross-examined.
What We Prepare
- the appeal form, setting out why the council's decision should be overturned
- where the procedure requires it, a full statement of case and a statement of common ground with the council
- supporting evidence and, for an inquiry, proofs of evidence
The Typical Stages of an Appeal
- The appeal is submitted online, with a copy sent to the council.
- The Planning Inspectorate checks that the appeal is valid, confirms the procedure and sets a start date and timetable.
- The council submits its questionnaire and the supporting documents.
- Depending on the procedure, statements, comments from interested parties and final comments are exchanged.
- The Inspector visits the site and, where applicable, holds the hearing or inquiry.
- The Inspector issues a written decision.
We always review the reasons for refusal first, because a revised application can sometimes be a quicker and more effective course than an appeal.
How the Process Works
- We visit, consider your proposals and review the planning history and local policy.
- We give you our candid view of the prospects of success and set out what the application will require.
- We prepare and submit the application, and liaise with the planning officer until a decision is issued.
How Long Planning Takes
Councils usually have eight weeks to determine most applications, and longer for major schemes.
Next Step
Call us on 07857 877925 or request a call back. Photographs of the site and a rough sketch of your proposals are an excellent starting point.
Common Questions
Do I need full planning permission for a new farm building?
Not always. On agricultural units of 5 hectares or more, agricultural permitted development rights under Part 6 of the General Permitted Development Order allow many buildings reasonably necessary for farming. Before any work starts, however, you must still apply to the council for a determination as to whether its prior approval is required for the siting, design and external appearance.
How many homes can I create from farm buildings under Class Q?
Since 21 May 2024, Class Q has permitted up to ten homes on an agricultural unit, with total floorspace of no more than 1,000 square metres and no more than 150 square metres per home. A single storey rear extension of up to 4 metres is also allowed. Prior approval from the council is required before any work begins.
Does Class Q apply in the Lake District or the Forest of Bowland?
No. Class Q does not apply on article 2(3) land, which includes National Parks such as the Lake District, National Landscapes (Areas of Outstanding Natural Beauty) such as the Forest of Bowland, and conservation areas. It also excludes listed buildings and scheduled monuments. In those locations a barn conversion requires a full planning application, assessed against local plan policies.
How long does the council have to decide a Class Q application?
The council has 56 days from receipt of a valid Class Q prior approval application in which to issue its decision. The courts have held that the council and the applicant may agree to extend that period. Once prior approval is granted, the conversion must be completed within three years of the date of approval.
How can I remove an agricultural occupancy condition?
There are two common routes. You may apply to the council to remove or vary the condition, usually by demonstrating that there is no longer a need for an agricultural worker's dwelling in the area, often supported by marketing evidence. Alternatively, where the condition has been breached continuously for ten years, you may apply for a certificate of lawfulness.
What is a CLEUD?
A CLEUD is a Certificate of Lawfulness of Existing Use or Development. It confirms that a use, a building or a breach of a planning condition is lawful because it has continued long enough that the council can no longer take enforcement action. The application must be supported by clear evidence, such as dated photographs, invoices and sworn statements.
Has the four-year rule for unauthorised buildings changed?
Yes. In England, from 25 April 2024, the time limit for enforcement against building works and against a change of use to a single dwelling increased from four years to ten years. The former four-year limit still applies where building works were substantially completed, or the change of use to a dwelling occurred, before that date.
How long do I have to appeal a planning refusal?
For most refused planning applications, the appeal must reach the Planning Inspectorate within six months of the date on the council's decision notice. Householder and minor commercial refusals carry a 12-week limit, and the period can be as short as 28 days where an enforcement notice has been served. Please contact us promptly on receiving a refusal.
Reviewed by Luke Banks MRICS FAAV, RICS Registered Valuer, on .
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