Planning circular 2/2024: non-domestic permitted development rights

Annex H: Agricultural and Forestry Buildings

1. Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 – also known as “the GPDO” provides permitted development rights (PDR) for agricultural buildings with a ground area of up to 1,000 square metres (or 465 square metres for buildings within certain designated areas^[33]). Buildings erected, extended or altered under Class 18 may not exceed 12 metres in height (reduced to 3 metres in height where the development is within 3 kilometres of the perimeter of an aerodrome). Larger buildings require an application for planning permission, thus ensuring that the effect on the landscape can be fully considered. Agricultural buildings may not be erected, extended or altered under Class 18 within historic battlefields. PDR also do not apply if any part of the building is within 25 metres of a trunk or classified road.

2. Class 18 also provides for a "cordon sanitaire", which excludes permitted development for the construction, extension or use of buildings for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge within 400 metres of a "protected building". A "protected building", as defined in Class 18, is any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include:

i. a building within the agricultural unit;

ii. a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

3. Planning authorities should exercise particular care when considering planning applications for houses and other new "protected buildings" within 400m of established livestock units to minimise the potential for future problems of nuisance.

4. For agricultural developments, there is a requirement that the development is on agricultural land used for an agricultural purpose and at least 0.4 hectares in size. The provisions in Class 18 make it clear that separate parcels of land cannot be taken into account in calculating the existing threshold of 0.4 hectares, above which permitted development applies. An exception is made in the following areas:

“ Argyll and Bute District Council, Badenoch and Strathspey District Council, Caithness District Council, Inverness District Council, Lochaber District Council, Orkney Islands Council, Ross and Cromarty District Council, Shetland Islands Council, Skye and Lochalsh District Council, Sutherland District Council, and Western Isles Council.”

5. In practice, this now relates to the planning authority areas of Orkney Islands, Shetland Islands and Western Isles Councils plus relevant parts of Argyll and Bute and Highland Council areas. In these areas, the 0.4 hectares may be calculated by adding together the areas of separate parcels of land.

6. Class 22 of the GPDO establishes similar PDR for forestry buildings. The restrictions differ somewhat; there is no restriction on the maximum size or height of the building other than a height restriction of 3 metres where the building is within 3 kilometres of an aerodrome. The development must be for forestry purposes on forestry land but there is no minimum area of land. The development must not be within 25 metres of a trunk or classified road. As forestry uses do not involve the keeping of livestock or storage of slurry, there is no ‘cordon sanitaire’ provision.

Prior notification/prior approval

7. Prior notification/prior approval arrangements apply to:

a) the erection of new agricultural and forestry buildings; and

b) the "significant extension" or "significant alteration" of existing agricultural and forestry buildings which are permitted development under Classes 18 and 22 of Schedule 1 to the GPDO.

8. Prior notification arrangements also apply to agricultural and forestry private ways, which are the subject of a separate annex.

9. "Significant extension" and "significant alteration" mean any extension or alteration which would result in:

a) the cubic content of the original building being exceeded by more than 10% (20% in the case of agricultural buildings); or

b) the height of the building exceeding the height of the original building.

10. Annex A provides a general overview of the prior notification/ prior approval. The following paragraphs cover elements of prior notification/prior approval specific to Class 18 PDR for agricultural buildings.

11. Prior notification of development consisting of the erection of a building or the significant extension or significant alteration of a building must be accompanied by:

i) a written description of the proposed development and the materials to be used;

ii) a plan indicating the site; and

iii) any fee required to be paid.

12. Such development shall, except to the extent that the planning authority otherwise agree in writing, be carried out-

(a) where prior approval is required, in accordance with the details approved;

(b) where prior approval is not required, in accordance with the details submitted with the prior notification;

Such development shall be carried out:

(a) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(b) in any other case, within a period of five years from the date on which the planning authority were given the information required to accompany the prior notification.

13. Development consisting of the significant extension or the significant alteration of a building, may be carried out only once in respect of that building.