1 Introduction
12.04 In principle, planning permission is required before any ‘development’ of land or buildings can take place. ‘Development’ requiring permission includes ‘the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.1 The approach of the Town and Country Planning legislation to agricultural development is two-fold.
Firstly, planning permission is automatically granted (subject to conditions) for various classes of development, which would otherwise require planning permission, by Art 3 of Sch 2 to the General Permitted Development Order 2015.2 Secondly, the Town and Country Planning Act 1990 exempts from the definition of ‘development’3 (and hence from the requirement of planning permission) the use of land and existing buildings for agricultural purposes, and any change of use to agricultural user.12.05 When preparing or amending Local Development Plans, local planning authorities are subject to publicity and consultation requirements.4 In particular, where DEFRA have objected to a development plan they can, by virtue of s 43(6) of the 1990 Act, require the local authority to send to the Secretary of State details of their objections, and the authority’s reasons for modifying the proposed plans accordingly. Where DEFRA have objected to the making or amendment of development plans, the local authority are barred from adopting them unless authorised to do so by the Secretary of State.5