1 Good practice and the ‘right to farm’
14.99 There is no ‘right to farm’ legislation in the UK, in the sense that the term is used in some continental or American jurisdictions. In the latter, pre-existing agricultural use may give immunity from civil actions for nuisance where urban development has subsequently taken place in proximity to a farm.
No such protection from suit exists in UK legislation.220 Nevertheless, agriculture does enjoy certain privileges and exemptions in the legislation governing land use and environmental protection in the UK. In certain situations the law places the agricultural interest above considerations of conservation and/or environmental protection in regulating land use. As we have seen,221 the use of existing land and building for agricultural purposes is completely outside development control and does not require planning permission.222 It follows that – whatever the environmental implications – planning permission is not required to convert land and buildings from a non-agricultural to an agricultural use, or from one agricultural use to another, or to intensify an existing agricultural use – even if this has detrimental consequences for the environment. To this extent, the public interest in encouraging agricultural production takes precedence over controlling land use in the interests of amenity and conservation. Planning permission is only required if development is in prospect eg the erection of new buildings or agricultural facilities. And even then, automatic permission for many categories of agricultural development is given by the Town and County Planning General Permitted Development Order 2015.223
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