Updates to permitted development rights will make it easier and quicker to erect or convert farm buildings
A change in the law this year has greatly simplified life for farmers and landowners looking to use redundant buildings or diversify their business. It’s been welcomed enthusiastically by NFU Scotland which has long lobbied for the change and is calling it a “significant win for the industry”.
The change updates the ‘Permitted Development Rights’ (PDR) for agricultural land in Scotland, which allow people to build, extend or improve buildings without needing to submit a full planning application.
"... this is an important – and welcome – change allowing farmers to modernise their farm buildings, diversify or put in place succession or retirement plans with greater ease than previously. "
The main changes relate to:
- the size limit on new agricultural buildings
- conversion of agricultural buildings to dwellings or commercial use
- peatland restoration
Size limits
Previously, farmers could erect certain agricultural buildings (such as sheds) under PDR as long as they didn’t exceed 465m2. Now, the limit on floorspace has been extended to 1000m2 (unless the building is located in certain ‘designated areas’ including National Parks or conservation areas).
Conversion of agricultural buildings
There is a new PDR regime allowing agricultural buildings to be converted into up to five dwellings, as long as the buildings had solely agricultural use prior to (or on) 4 November 2019 and are not listed or located on croft land.
The new PDR regime also covers the conversion of agricultural buildings (again with the 4 November 2019 requirement) for ‘flexible commercial use’, which could include shops, food and drink businesses, storage and distribution businesses, and ‘non-residential institutions’. Listed buildings are not included in the PDR regime.
In both cases, there are detailed rules and restrictions to note, including limits on floorspace and the extent of works permitted.
Peatland restoration
Various works to restore peatland, such as stabilisation, re-vegetation, re-profiling and drainage work, are now covered by the PDR regime, though the restoration scheme itself will still have to be approved by the relevant planning authority.
As can be seen from the various exclusions and provisos above, this change to the PDR regime certainly doesn’t open up a free-for-all or dispense with the paperwork completely; for example, it will still be necessary to get ‘prior approval’ for certain aspects of the work.
However, this is an important – and welcome – change allowing farmers to modernise their farm buildings, diversify or put in place succession or retirement plans with greater ease than previously. We’re already hearing that some of our clients are coming up with exciting proposals to take advantage of it.
We’re already hearing that some of our clients are coming up with exciting proposals to take advantage of it.
