Flood protection and alleviation works are often undertaken on farms to improve the operation of the agricultural unit. However, do such works require planning permission?
We have asked CT Planning’s Managing Director Christopher Timothy to advise.
Engineering operations that include undertaking flood protection and alleviation works comprise development for which planning permission may be required. However, full planning permission may not always be needed for flood protection and alleviation works; it may comprise permitted development.
On larger agricultural units (i.e. of 5 hectares or more) flood protection or alleviation works which are reasonably necessary for agricultural purposes, and where the waste material excavated to carry out the works remains on the farm, may be developed under existing agricultural permitted development rights.
To benefit from such permitted development rights, you must first make an application for Prior Notification to your Local Planning Authority. The Local Planning Authority has 28 days in which to let the applicant know of its decision whether a full application is required or to inform the applicant of its decision to allow or refuse approval. No work should begin before an application is made (otherwise planning permission will be required, as Prior Approval applications cannot be submitted retrospectively).
National Planning Policy Guidance advises planning authorities that in considering either a prior approval application, or a full planning application for the development of flood protection or alleviation works, planning authorities should “have regard to the increasing need for such measures to provide resilience to the impacts of climate change and mitigate flood risk to support the sustainability of the agricultural activity.”
If development under Class Q (change of use of agricultural building to dwelling house) or Class S (change of use of agricultural building to state funded school or registered nursery) has been undertaken on the farm within the previous ten years; full planning permission will be required.
On smaller agricultural units (i.e. of less than 5 hectares) an application for planning permission is required for flood protection or alleviation works.
Where the flood protection or alleviation works are beyond the scope of permitted development, a full planning application will need to be submitted. The details for submission with the application will depend on the scale and siting of the development, but additional information could include some of the following: topographical survey, landscape assessment & landscaping scheme, flood risk assessment, ecology survey, Biodiversity Net Gain Assessment.
Whilst flood protection and alleviation works may not require planning permission separate consents may be required from the Environment Agency.
If you need professional assistance with a planning application, please contact CT Planning on 01543 418779 or send an email to [email protected]
