1 The General Development Order (‘GDO’)
12.49 By virtue of s 59 of the Town and Country Planning Act 1990 and Art 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015107 planning permission is granted for a wide range of developments on agricultural land.
The agricultural user exemption in s 55(2) (e) (above) permits of the use of land or existing buildings for agricultural purposes without planning permission; Sch 2, Part 6 to the General Permitted Development Order 2015 supplements this by granting planning permission for a wide range of operations involving development on agricultural land, including the erection and modification of buildings, excavation and engineering operations. These permitted agricultural development rights are, however, subject to numerous exceptions and (even where applicable) are subjected to conditions as to their exercise. They have also, since January 1992, been subject to the important requirement that prior notification of their exercise be given, in certain cases, to the local planning authority. Prior notification is necessary where it is proposed to erect or significantly alter a building, or make a private way. The authority has the right to impose conditions as to the siting, design and appearance of the proposed building/private way.12.50 The principal development rights are conferred by Sch 2, Part 6 Classes A – D (Agricultural Buildings and Operations) of the 2015 Order. It is with these that this section is primarily concerned. Note however that Sch 2, Part 5, together with the Caravan Sites and Control of Development Act 1960, Sch 1, para 7, grants permission for the use of land as a caravan site for the seasonal accommodation of agricultural workers. Additionally, Sch 2, Part 6 Class E confers development rights broadly analogous to the agricultural development rights in Part 6 for the purpose of forestry.
12.51 In order to selectively strengthen planning control over some types of agricultural operations, Part 6 development rights were in 1992 largely removed from holdings of less than 5 hectares, and all separate areas of agricultural land of less than 1 hectare.
Together with the introduction of prior notification for the exercise of those development rights that still apply (see para 12.96 below) this represented a significant strengthening of planning control over agricultural development and land use.12.52 The General Permitted Development Order (hereafter ‘GDO’) was reissued in 1995, with amendments and additions, in the Town and Country Planning (General Permitted Development) Order 1995.108 The principal changes made in 1995 were the withdrawal of GDO rights from development that should be subject to an environmental assessment under (now) the Town and Country Planning (Environmental Assessment etc.) Regulations 2011. This is of limited importance in an agricultural context.109 Also of importance here is the withdrawal (by Art 3 of the GDO) of GDO rights for development in a protected ‘European’ wildlife site (a ‘special area of conservation’), subject to the Conservation of Habitats and Species Regulations 2010.110 The GDO was consolidated and reissued in 2015.111 The 2015 Order consolidatd and tidied up successive amendments made since 1995. The procedural rules for GDO-related applications are set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015.112