6 Conditions on Permitted Development Rights

Conditions imposed by the General Development Order

‘A.2(1) Development is permitted by Class A subject to the following conditions–

(a)where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development are not used for the accommodation of livestock except in the circumstances described in paragraph D.1(3) of this Part or for the storage of slurry or sewage sludge, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system or for housing a hydro-turbine;

(b)where the development involves–

(i)the extraction of any mineral from the land (including removal from any disused railway embankment); or

(ii)the removal of any mineral from a mineral-working deposit,

the mineral is not moved off the unit;

(c)waste materials are not brought on to the land from elsewhere for deposit except for use in works described in Class A(a) or in the provision of a hard surface and any materials so brought are incorporated forthwith into the building or works in question;

(a) Livestock units and slurry/sewage facilities

12.88 Condition A.2(1)(a) complements Class A(1)(i), above.

Livestock units

12.89 By virtue of Class D.1(3) a building erected within the protected cordon ( above) can only be used for housing livestock in limited circumstances, ie:

(i)where no other suitable building or structure, 400 metres or more from a protected building, is available to accommodate the livestock.

(ii)the need to do so accommodate them arises from quarantine requirements or from the fact that other buildings used to accommodate livestock have been destroyed or damaged by fire or storm or

(iii)in the case of animals normally kept out of doors, they require temporary accommodation because they are sick or giving birth or because of extreme weather conditions.

12.90 Prior to 1992 the use of buildings erected within 400 metres of protected buildings (such as dwellings) was prohibited for five years, but not restricted thereafter. This is no longer the case – the restrictions in paragraph D.1(3) endure indefinitely.

Slurry and sewage sludge

12.91 Slurry is defined to mean animal faeces and urine, irrespective of whether water is added to facilitate handling (see Class D.1(1)). Although the erection of such facilities without planning permission is prohibited, s 55(2)

(a) of the 1990 Act permits the carrying out of maintenance, alterations or improvements to an existing building, provided always that the external appearance of the building is not materially affected. If it is, then the prohibition in Class A(1)(i) will apply.

12.92 These conditions operate to prevent the erection of agricultural buildings under the permission granted by Class A, and their subsequent conversion to use for livestock housing, or as slurry/sludge facilities in a manner likely to injuriously affect neighbouring properties. Avoidance of planning control on the siting of such facilities by such means would otherwise prove relatively easy.

(b) Extraction of minerals

12.93 The mining of minerals is separately dealt with by Class C (below). The condition in Class A.2(1)(b) applies where minerals are extracted in the course of agricultural operations authorised by the General Development Order, eg the removal of shale and gravel incidental to levelling and improvement of land.

(c) Deposit of waste materials

12.94 There is no restriction on the importation of building materials or other material etc. (eg soil) that does not constitute waste. The condition provided for in Class A.2(1)(c) ensures, however, that the only waste material which can be imported onto an agricultural unit is that imported for use in building works (Class A(a)), or for the creation of a hard surface. In both cases (building works, or the creation of a hard surface) the material must be incorporated into the building or surface forthwith. The intent is to prevent unauthorised waste disposal on agricultural land, under the guise of permitted agricultural operations within Part 6.¹³⁸ ‘Waste’ is not statutorily defined, but clearly connotes material that is surplus to the requirements of the supplier and of no intrinsic use to him, eg by-products of industrial or building works.

12.95 Note that the spreading of agricultural waste, ancillary to the use of the land for the purposes of agriculture, will not (because of s 55(2)(e) of the 1990 Act – see para 12.28 above) be ‘development’. No permission is therefore required to import or exchange manure between producers, provided always that the effluent to be applied to the land is properly ‘agricultural’ waste. Provided the effluent is a by-product of agricultural production, and is applied for agricultural purposes, it will not be within planning control – even if of an unconventional nature. Liquid mushroom effluent has, for example, been held to be agricultural waste in this context, when spread on land for the purposes of its fertilisation.¹³⁹