Farmer Wants a House
Additional Agricultural Dwellings in Devon and Cornwall - Amanda Burden
We receive many calls from farmers whose children wish to join them running the family business. The farmer is generally very enthusiastic about this, as it will mean another generation of the family can take over the running of the business. It may also allow the older generation to take things a little easier or might give the farm the additional labour it needs to expand or introduce a new enterprise or diversification project. However after the initial excitement the reality suddenly hits: Where are the son/daughter and their respective family going to live?
As many readers of this article will know the provision of dwellings is strictly controlled and limited to land which is found within the development boundaries of towns, villages and cities and therefore development in the countryside does not generally occur except for the conversion of barns (which is subject to specific Barn Conversion Policies), the occasional affordable housing site as an ‘exception site’ on the edges of villages or towns as well as agricultural/ horticultural/ forestry and other occupational dwellings for which there is a proven essential need. The latter is provided for under the policy guidance Planning Policy Statement 7 (PPS7).
To gain support for the principle of an agricultural dwelling it must meet the strict criteria contained within PPS7 which, in summary, requires that the agricultural business demonstrates:
1. A proven essential functional need.
2. The need relates to a full time worker.
3. The unit and the agricultural activity concerned have been established for three years, have been profitable for at least one of them, are currently financially sound and have a clear prospect of remaining so and therefore meet the financial test.
4. The functional need could not be fulfilled by another existing dwelling on the unit or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned.
5. Other planning requirements in relation to access or impact on the countryside are satisfied.
In the case of a farm that only has a single residential dwelling and is home to a substantial farming business, perhaps including a dairy herd or beef and sheep, it is often possible to justify a further dwelling with a detailed Agricultural Appraisal. This will support the application and demonstrate that each element of PPS7 has been met.
However, as is so often the case, the farm holding may already have a farmhouse and perhaps a further dwelling. This additional dwelling could have an agricultural tie, be a farm worker's cottage or some other unit of accommodation on the farm which is occupied by an existing farm worker or grandparents etc. The mere existence of a second dwelling can provide huge problems as far as demonstrating under PPS7 that there is an essential functional need for an additional person to live on the site.
Planning Officers can be quite ruthless and say that the grandparents could easily move away from the farm thus leaving their dwelling free for the son/daughter to move into, but as we know, in many farming families the older generation have lived and worked all their lives on the farm so no one in the family would ask them to leave. Unfortunately this often means that the application for the third dwelling is refused.
Luscombe Maye have enjoyed much success in recent years advising clients how to deal with such a scenario. This could be by strongly justifying the third on farm dwelling to serve a substantial farming enterprise, or by advising the farming business how it is possible to start a new farming business for the son/daughter, which will be separate from the main holding. In most cases the family takes this advice with great enthusiasm and support as it gives the younger generation the opportunity to stretch their wings and establish a farming business of their own.
Rather than getting bogged down in discussions with Planning Officers over the finer details, in our view it is much more sensible to firstly make an outline application for the 'principle' of the dwelling. Once this outline application has been approved and planning permission granted, then it is time to employ an Architect and go to town designing your dream home. Depending on the Local Planning Authority you will have between 2 and 3 years from the date of outline consent to get the detail of the dwelling (reserved matters) approved before you can commence building.
If you have had trouble with the provision of a dwelling and you wish to discuss an alternative angle please contact either Amanda Burden BSc (Hons), FAAV, MBIAC or Yvonne Davies MRICS, FCIArb from the Agriculture and Rural Planning Team on 01803 869921