Is planning permission required to change the use of agricultural land to residential?
The change of use of agricultural land to residential garden is a material change of use. A material change of use is a form of development that requires full planning permission, so an application will need to be submitted.
..."development,” means 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."
Section 55 - Meaning of “development” and “new development” (Link to the legislation)
How to submit an application to change the use of land
An application will need to be submitted to the Local Planning Authority via the Planning Portal. You will need to submit a scaled plan outlining the site (the area that you propose to change) together with a supporting statement. If necessary, you may need to submit detailed drawings, photos, and details of boundary treatments. You will be able to submit additional information during the determination of the application, if required.
What is the fee for a change of use application?
The fee for an application will be £462. Detailed guidance is provided on the Planning Portal website:
How much does a planning application cost
What is the timescale of an application?
The standard timescale for a change of use application is between 4 and 8 weeks; however, many applications take longer if additional information is required. Ideally, you should submit all necessary information up front to avoid any delays. The Planning Officer may request additional information if they have any minor queries. Please be aware, if the Local Planning Authority fails to make a determination during the 8 week period, that doesn't mean that you are granted permission.
What if you don't need planning permission?
The material change of use of land doesn't require planning permission if it occurred over 10 years ago. This is because the change of use of land becomes immune from enforcement action after 10 years (referred to as the '10-year rule'). This rule also applies to the change of use of agricultural land to residential garden. If you want confirmation that the use of land that was agricultural can lawfully be used for residential purposes, because the change of use occurred over 10 years ago, then you can submit a Lawful Development Certificate application.
A Lawful Development Certificate, often termed a Certificate of Lawfulness, is a legal document confirming that an existing or proposed development is lawful and doesn't require planning permission. An application will need to be submitted to the Local Planning Authority via the Planning Portal. You will need to submit a scaled plan outlining the site, together with a proportionate amount of supporting information to demonstrate the lawfulness of the proposal.
Section 191 - Certificate of lawfulness of existing use or development (Link to the legislation)
What happens if your application is refused?
If your application to change the use of agricultural land to residential land is refused, you have the right to submit a Planning Appeal to the Planning Inspectorate. You may also submit a new application with additional supporting information, or, alternatively, submit an amended proposal to overcome any shortcomings of the refused application.
Our Services
We can prepare and submit a change of use application on your behalf. Additionally, we can submit an appeal against a refused application to change the use of agricultural land to residential land, or, alternatively, we can submit a Lawful Development Certificate for the lawful use of land for residential purposes.
Please get in contact if you have any questions.