GROUNDSFOR HOPE

Ways to Live Legallyon Cheap Land

in the UK

Chrissie Sugden

Grounds for Hope Chrissie Sugden

Versoi

Published by:Permanent Publications Hyden House Limited The Sustainability Centre East Meon Hampshire GU32 1HR UKTel: 01730 823 311 or 0844 846 4824 (local rate UK only) Fax: 01730 823 322 Overseas: (international code + 44 - 1730)Email: info@permaculture.co.uk Web: www.permaculture.co.uk

First published 2011 2011 Chrissie SugdenThe right of Chrissie Sugden to be identified as author of this work has been asserted by her in ac-cordance with the Copyright, Designs and Patents Act 1988Edited and typeset by Pete CooperBritish Library Cataloguing-in-Publication DataA catalogue record for this book is available from the British LibraryISBN (PDF): 978 1 85623 062 9 ISBN (EPUB): 978 1 85623 063 6 ISBN (Mobipocket): 978 1 85623 064 3All photos Chrissie Sugden except: cover: Rachel Shiamh, used with permission p9 (map): Scottish Crofting Federation, used with permission p10: Alan Stewart, used with permission p12 David Blair (www.dunbeag.org.uk), used with permission p13 (map), p14 (table), p15 (table): taken from West Lothian Councils Lowland Crofting Handbook document, used with permission p17: Amanda Jackson (www.lammas.org.uk), used with permission p20: The Hollies Centre for Practical Sustainability, used with permission

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, re-bound or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Hyden House Limited. While the information and advice in this book are believed to be accurate and true at the time of publication, neither the author, publisher or distributor can accept any responsibility or liability for any damage or losses of any kind resulting from any advice included in this guide, be it from the author, any person or persons mentioned in the guide, whether directly or indirectly. Contains public sector information licensed under the Open Government Licence v1.0

1IntroductIon

Land is the best investment; its the only thing they arent making any more of.--Mark Twain

I dont suppose Im the only person who has always dreamed of owning a piece of land on which I can build myself an affordable eco-house and grow my own food and fuel. In my fantasy the land is big enough to support several households, inhabited by all my favourite people, so we can share the joys and the chores in our own little eco-community.

The reason this is difficult to achieve in the UK is the vast disparity between the price of agricultural land (4,000-10,000 an acre) and so-called development land i.e. land with, or the potential for acquiring, planning permission (PP) to build a house on (50,000-150,000 for less then a quarter of an acre).

Easy to achieve my dream then if Id won the lottery, earned or inherited vast amounts of wealth, or even if I was willing to go abroad where land is cheaper and the planning regulations less onerous. Perhaps Im just getting overly cautious as the years go by, but the thought of having to learn a new language and then navigate a foreign legal system and health system just makes me feel weary...and sometimes angry why the bleep should I have to emigrate; why arent I allowed to I do this here?

Politicians continue to trot out the usual rhetoric: sustainable development, sustainable lifestyles, sus-tainable communities, zero carbon housing, blah, blah, blah. However what, if anything, has actually changed on the ground (groan) to make land accessible to groups of Permaculturists, Transitioners, or other people seeking the good life, of modest means and self-sufficient dreams? What are the rules and do they vary depending on whether you are in England, Scotland, Wales or Ireland?

This book is the culmination of several years of research and is offered to you in the hope that if enough of us start to demonstrate that we really are willing and able to live sustainably, given half a chance, that the powers that be will recognise us as a resource to be celebrated.

2ChapTer 1

Should I take the rISky road?

Many of you will have heard tales of groups of people* in the UK who have succeeded in creating their dream communities by buying land, moving onto it illegally, setting up home in teepees, benders, yurts, caravan/cabin hybrids, roundwood and cob dwellings, straw bale or whatever. They may have spent years doing battle with their local planning officials, and finally have won some kind of retrospective planning permission, albeit often with less well-known conditions attached e.g. Ben Laws PP only ap-plies to him. When he goes so must his house despite the fact that Kevin McCloud of Grand Designs called it his all-time favourite house design/build.

* (I am currently one of these people, so you might expect me to be promoting this route.... but the truth is its not much fun being harassed by officialdom, being served an enforcement notice and the insecurity and inconvenience borne of not knowing if well be allowed to stay, and hence whether its worth investing yet more time and energy making home improvements/planting seeds this year etc)

Its true that some people manage to make this route work thanks to The Ten Year and Four Year Rules.

These rules, which apply in the whole of the UK, state that if you manage to live in a caravan for 10 years unnoticed by the powers that be, or in a substantially completed building for 4 years, the dwell-ing becomes lawful and you can apply for a certificate of lawfulness. You have to be able to prove that this has been your main residence for the requisite time and that you have lived there continuously (and there is a lot of debate about what constitutes a caravan and what a building).

A caravan that morphed into a cabin

Clearly this means you need tolerant neighbours and that you will spend 4 or 10 years living with the same insecurities mentioned above. Should someone complain about your dwelling, even at the 11th hour, you can be served an enforcement notice and rendered homeless. To add insult to injury, you will also be instructed to remove all trace of your home or pay the councils bill if you wait for them to come and demolish it.

Its also worth noting that even if you get a certificate of lawfulness you wont then be entitled to replace the caravan with a building, or knock down your building and build a proper house.

3Caravan in the Woods

Nonetheless, there are undoubtedly people up and down the UK pursuing this strategy, lying low, hid-den away in bits of woodland; mostly I suspect single people or couples. It would be a lot harder to conceal a community for years...

4ChapTer 2

Safer routeS: the dIy farm/SmallholdIng

This chapter is based on information collated by David Acreman in his book Field to Farm (www.fieldtofarm.com). I have added information relating to the law in Scotland.

There are two routes available using this approach:

Route 1

Buy a suitable piece of land, then apply for PP to site a mobile home on your land to run your agri-cultural business. In order to acquire PP you will have to pass the functional and financial tests (see below) and, in the highly unlikely event that you are successful, the maximum time PP will be granted for is 3 years.

The draw back to this approach is that you will be entirely dependent on your ability to prove to the planners that you have a viable business plan and you will have nothing concrete to show them it will be your vision/fantasy versus their scepticism...and guess whos most likely to win?

To be fair, it is one of the planners responsibilities to ensure that speculators dont get PP to build on cheap agricultural land and then sell the house on at vast profit. Your job is to convince them that you do actually intend to live on your land and make a living from it. How will you do that? By following Route 2.

Route 2

Buy a suitable piece of agricultural land, then submit an Agricultural Prior Notice Consent Form to your local planning office detailing the agricultural building you intend to build on your land, which must be less than 465 square metres and be necessary for your agricultural business. This is permitted devel-opment on agricultural land and hence doesnt need PP. You can then start your business, build your barn, legally site a mobile home there to live in, and have 5 years to prove that your business works before having to apply for PP for a house.

But first steps first...

Location, location, location

Although the minimum amount of land you need to be classed as an agricultural holding is 5 hectares, aim to buy the biggest bit of land you can afford as the only way to extend your farm/smallholding later is to buy from your neighbours who will know that they can charge you as much as they like since you cant look elsewhere. Your land needs:

To be designated agricultural land. It can include woodland, but woodland alone will not do.

Good road access (at least a B road), with a flat area at least 25m from the road for siting your barn and mobile home).

Good public transport links, and easy access to your proposed customers (e.g. Do your custom-ers pass by every day? Is there a farmers market nearby? Are the restaurants who will buy your salads or herbs within easy reach?)

Sporting rights and mineral rights to be included in the sale.

A source of water.

Connection to the electricity grid, or access to a connection close by.

5Field for sale in Wales

Take care to avoid:

Any land with restrictive covenants or clawbacks attached to it.

Land with an Article 4 direction which has removed the permitted development rights.

Land in England and Wales with rights of way and bridleways over it. This is not possible in Scot-land where everyone has the right to roam anywhere.

Ancient monuments, National Parks, areas of outstanding natural beauty, SSSIs and woodland. Your local council can tell you whether the land has any particular designations on it.

Land within 400m of a conservation area, or within 3km of an airport.

You should also ensure your solicitor does the appropriate searches e.g flood risk, contamination, py-lons, mining etc.

Having taken ownership of your land, you can now submit an Agricultural Prior Notice Consent Form to your local planning office detailing the agricultural building you intend to build on your land.

Under the terms of permitted development granted by The Town and Country Planning (General Per-mitted Development) Order 1995, Part 6 (see Appendix 1a which applies to England and Wales and Appendix 1b for the relevant Act in Scotland), the local planning office are allowed to ask you to seek prior approval as to the siting, design and external appearance of the building, but they cannot refuse you permission to build it.

You should be able to sort this out by inviting the planning officer for a site visit. Once these details have been agreed you may submit your form, the fee, a sketch showing elevation, and a catalogue showing the building supplier and colour options. If you hear nothing by day 28, you are legally entitled to start construction.

The barn must:

Look like an agricultural building, i.e. it mustnt look like something you could later convert into a house.

Be more than 25m from the road.

Should blend into the landscape as far as is possible.

6 Be used for agricultural purposes for 10 years or you will have to demolish it, unless PP is given for a change of use.

Be completed within 5 years of receipt of the 28 day notice consent.

Not be within 90 metres of an existing building built in the last 2 years under permitted develop-ment rights. (However, you can build more than one building if they are more than 90 metres apart e.g. a barn and a polytunnel).

An Agricultural Barn

You must also use the existing road access (so ensure it is adequate before you buy) and not remove any soil from the site. The good news is that you will not have to pay business rates on either the land or the barn. You should receive consent within 28 days and are then entitled to commence building; you must complete building in 5 years.

Thanks to the Caravan Sites and Control of Development Act 1960 (see extract Appendix 1c), you can then legally site a mobile home (defined as a caravan, a wooden structure which can be easily dis-mantled, or other temporary dwelling) on the land to live in whilst you build your barn and set up your business.

Your temporary accommodation can remain in place for 5 years, presumably as long as you are still engaged in building your barn, during which time you need to develop your business to generate as much income as possible.

At the end of 5 years you apply for PP (or sooner if you wish). You must be able to prove that you need to live on-site in order to run your business, and that your business generates sufficient income to sup-port you. The size of house granted PP will be directly related to the size of the income you are earning, rather than your need.

The Tests for PP

Planning guidance PPS 7 states that:

New permanent dwellings should only be allowed to support existing agricultural activities on well-established agricultural units, providing:

(i) there is a clearly established existing functional need (see paragraph 4 below);

7(ii) the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement;

(iii) the unit and the agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound, and have a clear prospect of remaining so (see paragraph 8 below);

(iv) 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; and

(v) other planning requirements, eg in relation to access, or impact on the countryside, are satisfied.

(See PPS 7 extract Appendix 1d)

In other words, you need to be working full time on your already established agricultural business that has made a profit for at least one year in the past three. To gain PP you will need to pass a functional test and a financial test.

Functional Test

This is probably the hardest test to satisfy.

PPS 7 (4.) states:

A functional test is necessary to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available at most times. Such a requirement might arise, for example, if workers are needed to be on hand day and night:

(i) in case animals or agricultural processes require essential care at short notice;

(ii) to deal quickly with emergencies that could otherwise cause serious loss of crops or prod-ucts, for example, by frost damage or the failure of automatic systems.

This means you will have to prove that you need to live on site to care for your agricultural animals defined as animals that produce meat, fibre or milk. Past applications suggest that the animals must have a random breeding cycle e.g. sheep dont qualify since lambing can be managed without living on site all year round. There also seems to be some prejudice against granting PP for equestrian op-erations which are not classed as agricultural units. Alpacas, ostriches, and /or a petting zoo are some possible options.

You may also be able to establish a need to live on-site for security reasons.

Financial Test

PPS 7 (8.) states:

New permanent accommodation cannot be justified on agricultural grounds unless the farming enterprise is economically viable. A financial test is necessary for this purpose, and to provide evidence of the size of dwelling which the unit can sustain. In applying this test (see paragraph 3(iii) above), authorities should take a realistic approach to the level of profitability, taking account of the nature of the enterprise concerned. Some enterprises which aim to operate broadly on a subsistence basis, but which nonetheless provide wider benefits (eg in managing attractive land-

8scapes or wildlife habitats), can be sustained on relatively low financial returns.

Accounts that have been submitted to the Inland Revenue must be produced showing that you have earned at least the minimum wage in 1 year out of 3.

If granted, PP will probably come with conditions attached e.g. an agricultural tie which ties the house to the land in perpetuity (which means it cant be sold without the land), and possibly removal of some of the permitted development rights normally allowed, meaning that you may not be able to build an extension on your house at a later date.

For those aiming at self-sufficiency/subsistence living this may not be the best route since your income will only justify a tiny house or no house at all. Also, this tactic is not well-suited to prospective commu-nities unless a larger piece of land is sub-divided into individual holdings of at least 5 hectares, each of which would need to have existing road access etc.

Although this approach is valid across the whole of the UK, there are additional opportunities available in parts of Scotland and all of Wales. Read on.

9ChapTer 3

three new opportunItIeS In Scotland

Residents in Scotland have 3 other approaches open to them thanks in part to new (and not so new) pieces of legislation passed by the Scottish Parliament.

1. New Crofts

The crofting counties of Scotland (Lewis, Harris, Uist, Barra, Lochaber, Argyll, Inverness, Ross and Cromarty, Sutherland, Caithness, Orkney and Shetland) have a long tradition of smallholding known as crofting. The crofting area has recently been enlarged to include Arran, Bute, Greater and Little Cum-brae, Nairn and Moray see map below. Groups of crofts are known as crofting townships.

Existing crofts available for rent are very hard to find (due to their rarity the Crofters Commission [CC] no longer holds a waiting list) and, thanks to the Right to Buy policy of the 1990s, crofts for sale are now as absurdly priced as other housing land.

Map of the Scottish crofting counties

In February 2008 the Committee of Inquiry on Crofting noted that Scotland requires a well-populated countryside which sustains a diverse and innovative economy, attracts visitors, conserves natural habi-tats, biodiversity and carbon stocks, and sustains (not preserves) distinctive cultures. Crofting has had success in relation to these objectives, and has the potential to contribute much more. In this regard, crofting may be in tune with the zeitgeist more than at any time in its history, and together with broader land reforms has the potential to offer a model for people and communities elsewhere.

I believe these aims would sit well with any aspiring Permaculture/Transition community, and the good

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news is that the Scottish Parliament recently made it possible to create new crofts. So it is now possible to buy agricultural land and apply to the CC to have that land crofted, the main benefit being that PP should be granted for one house on a working croft, though the house will probably be tied to the land under a section 75 agreement to prevent it being sold separately. This is to stop people buying a croft, building a house, de-crofting the house site and selling it off separately. The application has to include detailed business proposals* suited to the land in question (although no-one expects a crofter to make his/her entire income from a croft).

* When I asked about the need to submit business proposals, I was told that the CCs main con-cern is that the plans fit well with the quality of the land. Existing crofts vary enormously in quality as well as size. Some might have a mix of good agricultural land and some poorer hill grazing land, whilst others might be barely more than a large lump of rock.

A croft

Since this legislation is relatively new, its not clear how it will work out in practise, and since the CC has to consult the relevant planning office it is still possible for planners to make life difficult should they choose to. So be sure to discuss your plans with the local planning office before buying any land.

In my experience of exploring this option on the West coast of Scotland, Highland Council seem to be supportive of new initiatives whilst Argyll and Bute Council seem to be more reticent. Also, I believe the CC is itself undergoing some shake ups, so changes may be afoot. Check everything before you buy.

One advantage of this approach for prospective Perma-communities is that a legal body such as a housing co-operative/intentional community could be formed to purchase the land and then apply to create a number of new crofts to rent. The crofts could then be leased to members of the co-opera-tive/community (using a similar legal model as that used by the Lammas group, see Chapter 4 and www.lammas.org.uk). However, similarly to Lammas, if the crofts were created by a community group they would need to be advertised on the open market, and a fair and transparent selection pro-cess should be put in place to select the new tenants.

The new legislation allows prospective landlords to remove the right to buy, thus ensuring that crofts remain in community ownership. Tenants must be compensated for any lasting improvements they make to the croft if they give up their tenancy, and this expense would normally be recuperated from the incoming tenant.

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It is common for crofters in a crofting township to own/lease land in common which is managed by a Grazings Committee. There are currently grants available for crofters and Grazings Committees towards the cost of fencing, constructing agricultural buildings and for crofters building a house, though how long these will last in the current economic climate is anyones guess. You can refer to www.scotland.gov.uk/Topics/farmingrural/SRDP/CCAGS for more information. Crofters are also entitled to apply for funds under other programmes within the Scotland Rural Development Programme (SRDP).

Crofting legislation is very complex and advice should be sought from an expert in crofting law before pursuing this route. The CC website has a fair amount of information on it and staff are usually very helpful on the phone.

Crofters Commission, Inverness Tel. 01463 663450 www.crofterscommission.org.uk.

Also talk to the Scottish Crofting Federation (www.crofting.org) who are the equivalent of a croft-ers union. Head office Tel. 01599 530 005. Ive found them very knowledgeable and helpful.

2. The National Forest Land Scheme (NFLS) and Woodland Crofts

This scheme allows communities in Scotland to apply to buy land owned by Forestry Commission Scotland (FCS) that falls within their designated boundary, even if the land is not for sale. Of interest to potential Perma-communities is that the scheme also applies to communities of interest (i.e. groups of people who arent necessarily currently resident in the same area), which a group of Permacultur-ists could surely describe themselves as. In combination with the legislation that allows the creation of new crofts, this scheme recognises and promotes the opportunity to create new woodland crofts. See www.forestry.gov.uk/nfls.

Under the NFLS various options are open to communities, from outright purchase to leasing to joint management with FCS. The scheme has recently been extended to allow communities to carry out for-estry activities on leased land. However, FCS does not want to become a crofting landlord so land has to be bought to create woodland crofts. The scheme is relatively new, though a good few communities have now succeeded in purchasing woodland.

I headed an initiative to buy 120 hectares of FCS woodland for my local community to create new woodland crofts and a wood fuel business. We were successful in our NFLS application, had endless difficulties with the local planning office, and failed to get lottery funding, at which point I ran out of energy.

Suspecting that a community of Permaculturists might well be interested in this scheme - especially the added potential to create woodland crofts - I asked about the community of interest angle as often as possible at conferences etc. I got mostly vague answers such as they would have to prove that they had the support of their local community, but what I wonder happens if there are no neighbours? There are vast areas of FCS forests across Scotland. However, beware of heading somewhere too remote, or the planners will kick up a fuss about not having access to schools and shops. No communi-ties of interest have yet applied to the NFLS to my knowledge.

Whilst many people will not be attracted by the idea of purchasing a typical Sitka plantation, it has to be said that Sitka is good for both building and for fuel. See David Blairs wonderful round house, con-structed from Sitka spruce felled on his own woodland in Argyll (www.dunbeag.org.uk).

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David Blairs round house

Woodland crofts must retain at least 75% tree cover. Once felled, the land must be replanted with other suitable timber crops or protected from deer and left to regenerate naturally. Woodland management is supported by grants under the SRDP.

FCS is actively promoting the concept of woodland crofts which presuppose not only PP for one house per croft but the potential to build a house using your own timber. However, ultimately it is still up to the local planners to decide whether to give PP for a house on each croft. The usual tests for obtaining PP for a house in the open countryside might well be applied, i.e. you may need to prove operational and/or locational need. This is usually demonstrated by caring for livestock, though locational need might also apply if no suitable or affordable house is available for the crofter near to the croft. (By law a croft tenant has to live within 16km of his/her croft).

Not all FCS owned land is poor land, and not all of it is Sitka plantation either. However, finding the right piece of woodland would obviously take a good deal of research. The best place to start, I am informed, is with the local FCS forest district manager who holds maps of all FCS owned land.

So to sum up, the steps to take in exploring this option are:

Identify a suitable piece of woodland for sale in the crofting counties (some of the criteria from Chapter 3 will also apply here such as water supply, electricity etc).

Failing that* find a piece of FCS-owned woodland and apply to buy it as a community of interest using the NFLS.

Discuss your plans with the CC local officer and ensure that s/he sees no obvious problems with applying to croft part or all of the woodland.

Draw up an overview of your plans and talk to the local planners and determine their response.

If possible, obtain PP before you buy the woodland.

Buy your woodland.

Croft the land.

Advertise and lease the crofts.

* Since the benefits of creating woodland crofts (i.e. the most likely way to get PP on woodland) could also be achieved on privately purchased woodland in Scotland, its probably not worth going the NFLS route unless you have your heart set on a particular area and there is no suitable land there on the market since it only adds another layer of bureaucracy to wade through.

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Crofters (and the Grazings committee) can then apply for grants from the SRDP for funds towards fenc-ing, servicing, building a house (under the Croft House Grant Scheme), as well as grants for woodland management. (Most grants pay only a percentage of the cost and are also paid retrospectively, so croft-ers need their own funds to develop their crofts too.)

A Woodland Crofts Officer was appointed by FCS and Highlands and Islands Enterprise and is prob-ably the first port of call for information beyond that available on the NFLS website. At the time of writing his name is Jamie MacIntyre, Tel. 01967 402332.

I also found the Community Woodlands Association (www.communitywoods.org) incredibly helpful when I was working on the community project.

Guidance for prospective community landlords about allocating new crofts can be downloaded at www.forestry.gov.uk/woodlandcrofts.

3. Lowland Crofting

In 1994 West Lothian District Council instigated a new policy called lowland crofting to encourage regeneration and re-population of a specified rural area west of Edinburgh that had been previously blighted by mining.

Briefly the policy allows landowners and small farmers with holdings of at least 100 acres to apply to create crofts on part of their land. These lowland crofts are not subject to crofting law and are primarily aimed at the hobbyist farmer or horse enthusiast who is looking for a house with a small area of land. Single crofts are not allowed but the new crofts can be created in stages.

The policy helps small farmers, and those wishing to retire, to boost their income by increasing the value of part of their land. They are required to submit a plan for the whole farm which includes plant-ing an area of broadleaved woodland, preserving and enhancing biodiversity and creating footpaths to encourage public access, as well as providing the infrastructure for the new houses. If granted permis-sion (which is not guaranteed) croft plots can then be sold on the open market or fully developed with housing and then sold.

Map showing where the lowland crofting policy applies

14

For example, a 40 hectare (100 acre) farm might yield:

16 hectares of woodland plantation

8 hectares of best land retained in agriculture

12 hectares of land for lowland crofts

4 hectares of rough ground reserved for nature conservation and public access.

A minimum of 50% of the farm must be devoted to woodland, public access and nature conservation. The number of crofts to be created has to be agreed with the planning office but the policy specifies a maximum of 10 crofts per 50 hectares (124 acres). The suggested size of the crofts varies from 1.0 hectares to 2.5 hectares but no maximum size is proscribed.

Whilst not specifically aimed at intentional communities the policy does suggest that farmers seek suitable development agents who might include groups of interested individuals, operating as a con-sortium or perhaps as a formal co-operative. However, the development criteria are fairly strict and do require financial investment on the part of the landowner (see below).

Nonetheless, a determined group of people could perhaps raise the funds to purchase a small farm and use the scheme to help develop it along the lines they would want to go anyway i.e. creating new broadleaf woodland, increasing biodiversity, and legally creating a group of new homesteads with land in the open countryside. SRDP funding would also be available to part fund tree planting and public access.

An extract from the West Lothian Local Plan 2009 relating to Lowland Crofting is included in Appendix 2.

The entire 74 page handbook can be found at:

www.westlothian.gov.uk/media/downloaddoc/1799514/1841832/1875738/spg_lchandbook

N.B. Land or woodland that was part of a farm that has already taken advantage of this scheme cannot use it again. Table 1 lists schemes which have already been approved. (Check website to see if this has been updated). Table 2 lists the projected costs and proceeds.

Table 1. Approved Lowland Crofting Schemes

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Table 2. Costs and Proceeds

16

ChapTer 4

new opportunItIeS In waleS

1. Pembrokeshire

Thanks to prolonged lobbying by a group called The Land is Ours (www.tlio.org.uk), now known as Chapter 7, changes have already been implemented in Wales that support the development of low impact dwellings in the open countryside. Adopted by Pembrokeshire Council in June 2006, and by Pembrokeshire National Park Authority in May 2006, Policy 52 ...provides a context for permitting de-velopment in the countryside as an exception to normal planning policy other than that which is already possible under Agricultural Workers dwelling policies.

This is the policy under which the Lammas group finally achieved PP and is developing their site. For full details see www.lammas.org.uk/lowimpact/documents/AdoptedLowImpactSPG.pdf.

To discuss a scheme before submitting a planning application the planners need to know:

The intended management objectives for the site;

The work you will be carrying out to achieve the management objectives, why it requires you to be in the countryside and the likely number of workers needed;

How your scheme will enable you to be substantially self supporting in terms of food and income;

An illustrative layout of the proposed project including a description of the projects relationship with the landscape;

A description of any buildings/dwellings required including their construction;

How you intend providing your energy needs and water from the site and disposing of sewage and waste and the technologies used to make this sustainable and low impact;

An outline of the intended traffic generation from the site along with any opportunities to minimise traffic.

A highly detailed management plan must be submitted to the planning office and, if PP is granted, an Annual Monitoring Report will need to be submitted recording the progress made towards achieving the targets set out in the management plan.

The policy has 8 criteria which must be met by prospective developments (brief explanations in italics):

1. The proposal will make a positive environmental, social and/or economic contribution with public benefit (provide benefits to wider public e.g. increase biodiversity, provide skills training, local facilities, locally produced food for the local community, public access, local employment); and

2. All activities and structures onsite have low impact in terms of the environment and use of re-sources (must aim for autonomous provision of water, energy and sewage disposal if mains connec-tions already exist, they should only be used until target met, at least by end of year 3; buildings constructed from materials recycled, reusable, and with low embodied energy; traffic generation targets e.g. reduced trips/miles/fuel consumption; project reversible i.e. new buildings easily dis-mantled and land restored to original condition if project collapses); and

3. Opportunities to reuse buildings which are available in the proposals area of operation have been investigated and shown to be impracticable or are incorporated (in some cases existing unattractive buildings should be removed); and

17

4. The development is well integrated into the landscape and does not have adverse visual effects (must show no adverse visual impacts to public routes, viewpoints and neighbours; no lighting visible in otherwise unlit areas of countryside); and

5. The proposal requires a countryside location and is tied directly to the land on which it is located, and involves agriculture, forestry or horticulture (i.e. activities which are centred around the use of resources grown, reared or occurring naturally on the site); and

6. The proposal will provide sufficient livelihood for and substantially meet the needs of residents on the site (75% or more of basic household needs to be met from site at least by end of year 3; economic growth not expected; subsistence based approach OK; very low income acceptable if occupants derive a financially secure livelihood from full-time presence onsite); and

7. The number of adult residents should be directly related to the functional requirements of the enterprise (show clear relationship between number of occupants and project proposed; roles of all adults including those less able. If residents become unable to contribute due to age or illness the Au-thorities will consider if they can remain on site i.e. can their needs be met by existing residents and without undue difficulties or costs for social and health service providers?); and

8. In the event of the development involving members of more than one family, the proposal will be managed and controlled by a trust, co-operative or other similar mechanism in which the occupi-ers have an interest (to guarantee the sustainable aims of the development over successive changes of occupation or ownership).

Whilst criteria number 5 mentions forestry, it is not yet clear whether this gives a green light to Low Impact Development in woodland.

Plot 8 Lammas

The Lammas community have kindly posted all their application documents on their website (www.lammas.org.uk) which would be very helpful for others wanting to apply under this scheme, or under the newer One Planet Development Policy (see below).

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Since there seems to be some confusion out there as to when Policy 52 will be superseded by One Planet Development, here is an explanation from the planning support team at Pembrokeshire County Council provided in April 2011:

The currently adopted plan used by Pembrokeshire County Council is the Joint Unitary Develop-ment Plan (see www.pembrokeshire.gov.uk/planning). This document contains a policy 52 which is designed to assess Low Impact Development Proposals. This is still the document used by Pembrokeshire County Council to determine planning applications at present.

Pembrokeshire County Council is required to produce a new plan called a Local Development Plan to replace the Joint Unitary Plan for Pembrokeshire. Consultation on a Deposit version of this plan ended in March this year. This Local Development Plan has been produced in accord-ance with guidance from the Welsh Assembly Government. This guidance recommends that Lo-cal Planning Authorities do not include in their plans any repetition of National Planning Policy.

Wales has a different set of National Planning Policies to England and Scotland. In Wales National Planning Policy is established in Planning Policy Wales and Technical Advice Notes. The Welsh Assembly has published a Technical Advice Note 6: Planning for Sustainable Rural Communi-ties (2010). This document introduces One Planet Developments into National Planning Policy. (www.wales.gov.uk/topics/planning/policy/tans/tan6/?lang=en). Because this exists in National Planning Policy, it is not therefore repeated in the Deposit Local Development Plan.

2. The Pembrokeshire Coast National Park

The Pembrokeshire Coast National Park Local Development Plan was adopted by the National Park Authority on the 29th September 2010. Refreshingly, given the area status of National Park the plan also makes provision for Low Impact Development under Policy 47 (just to confuse you...) www.pembrokeshirecoast.org.uk/Files/Files/dev%20plans/finalldp.pdf page 79.

The criteria are very similar and I suspect would be more strictly enforced than Policy 52. Policy 47 states that:

Low impact development in the countryside that makes a positive contribution will be permitted where:

a) the proposal will make a positive environmental, social and/or economic contribution with pub-lic benefit; and

b) all activities and structures on site have low impact in terms of the environment and use of resources; and

c) opportunities to reuse buildings which are available in the proposals area of operation have been investigated and shown to be impracticable; and

d) the development is well integrated into the landscape and does not have adverse visual ef-fects; and

e) the proposal requires a countryside location and is tied directly to the land on which it is lo-cated, and involves agriculture, forestry or horticulture; and

f) the proposal will provide sufficient livelihood for and substantially meet the needs of residents on the site; and

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g) the number of adult residents should be directly related to the requirements of the enterprise; and

h) in the event of the development involving members of more than one family, the proposal will be managed and controlled by a trust, co-operative or other similar mechanism in which the oc-cupiers have an interest.

4.214 adds:

Proof that there is a positive contribution from the development in terms of the environment, the use of resources, and a combination of social/economic benefits will be needed. Public benefits might include providing services to the community. Proof that the proposals will achieve a neutral or at least the lowest possible adverse impact for each part of the governments sustainability agenda must be submitted. A management plan for the proposal will be required to cover a range of issues including renewable energy generation (See Policy 33). Supplementary planning guid-ance drafted under the Joint Unitary Development Plan for Pembrokeshire will be taken forward under the Local Development Plan.

3. One Planet Development

In July 2010 the Welsh Assembly Government issued new planning guidelines titled Planning for Sus-tainable Rural Communities (see www.wales.gov.uk/docs/desh/policy/100722tan6en.pdf) also known as TAN6. These include a section entitled One Planet Development (OPD) which ad-dresses the Welsh objective of using only its fair share of the earths resources within a generation. In 2006 the ecological footprint for each Welsh citizen was deemed to be 4.41 global hectares. The target aims to reduce this to the global average availability of resources i.e. 1.88 global hectares per person in 2003.

TAN6 defines OPD as development that through its low impact either enhances or does not signifi-cantly diminish environmental quality [...] and is potentially an exemplar type of sustainable develop-ment The guidance states that OPDs can either be single homes, co-operative communities or larger settlements. They may be located within or adjacent to existing settlements or located in the open countryside. Where OPDs involve more than one family the proposal must be managed and con-trolled by a trust, co-operative or other similar mechanism in which the occupiers have an interest.

Planning applications for land based OPDs located in the open countryside (as opposed to those locat-ed adjacent to or within a settlement) have to be supported by robust evidence. This entails producing a management plan which covers the following:

Business and Improvement plan to identify whether there is a need to live on the site and estab-lish the level of the inhabitants requirements in terms of income, food energy and waste assimila-tion that can be obtained directly from the site (See paragraph 4.17.1);

Ecological footprint analysis of the development (See paragraph 4.18.1);

Carbon Analysis of the development (See paragraph 4.19.1 4.19.2);

Biodiversity and landscape assessment (See paragraph 4.20.1);

Community impact assessment to identify potential impacts on the host community (both positive and negative) and provide a basis to identify and implement any mitigation measures that may be necessary (See paragraph 4.21.1), and;

Transport assessment and travel plan to identify the transport needs of the inhabitants and pro-pose sustainable travel solutions. (See paragraph 4.22.1).

Whilst this all sounds rather daunting, it is quite clearly explained in the relevant paragraphs referred to

20

in TAN6, and studying the plans that Lammas submitted for their application will give you a good idea of what this all means (although hopefully no other groups will have to go to the lengths that Lammas did, and produce so many thousands of pages of evidence in order to gain approval.)

The guidance also states that if consent is granted the management plan will be tied to a planning con-dition or S106 agreement. An S106 will also be used to tie the dwellings to the land. These ensure that planning permission can be revoked in the future if the development doesnt live up to its management objectives, and that the dwellings cannot be sold off separately.

Lastly, be sure to produce achievable targets in your management plan as an annual report has to be submitted to demonstrate compliance with the plan, and Failure to meet the terms of the management plan could result in enforcement proceedings in respect of a breach of condition subject to which plan-ning permission was granted. In other words PP could be revoked if you dont meet your targets.

Remember, developments situated within or adjacent to a settlement are not required to produce a business plan showing how inhabitants are going to gain their income and subsistence but do still need to show that the house is zero carbon and the ecological footprint is low.

Whilst the TAN6 guidance is a lot shorter than that issued under Policy 52, there are many similarities and it is probably safe to assume that most of the same tests will apply. The main differences seem to be:

The focus on the ecological footprint analysis which states that OPDs should initially achieve an ecological footprint of 2.4 global hectares per person or less in terms of consumption and demon-strate clear potential to move towards 1.88 global hectare target over time. However, there is as yet no widely agreed standard for determining ecological footprint...

OPDs should be zero carbon in both construction and use.

A cob house

OPDs located in the open countryside should, over a reasonable length of time (no more than 5 years), provide for the minimum needs of the inhabitants in terms of income, food, energy and waste assimilation. So, 5 years instead of 3 in Policy 52 but apparently 100% of needs as op-posed to 75%.

It will also be necessary to identify a clear relationship between the use of the land and projects proposed and the number of occupants to be sustained on the site in terms of the need for them to work the land or ensure the smooth running of the venture and the return gained. N.B. or en-sure the smooth running of the venture could perhaps include a management role for those less physically able which is not specified in Policy 52.

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ChapTer 5

england and Ireland

England

Unfortunately for those of you currently resident in England, I know of no new policies that might im-prove your chances. Suggestions for using existing policies are/were well covered in Chapter 7s excel-lent DIY Planning Handbook available from www.tlio.org.uk/chapter7 (temporarily out of print pending the government planning policy review Feb 2011).

As of early 2011 the coalition government is in the process of redrafting all planning policies closely fol-lowing the blueprint in the Conservative green paper Open Source Planning. The measures outlined for the most part dont look very supportive (see Chapter 7s draft response in Appendix 3), and may threaten even the 4 and 10 year rule.

To keep informed, subscribe to The Land magazine (www.thelandmagazine.org.uk) published by Chapter 7.

Ireland

I regret I have no additional information about Ireland.

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concluSIon

So where does that leave us?

For an individual or single family the option to create a smallholding from an agricultural field holds promise, but entails total commitment to building up a lucrative agricultural business focused around specific livestock, and with no guarantee of PP at the end of it.

For potential communities, the only tried and tested, legal path to buying an affordable piece of land to live on appears to be that trod by Lammas under Policy 52. Whilst the demands do feel a little OTT, the policy does at least lay out in fine detail what is required and as long as you meet the stringent conditions PP should be guaranteed, even if you do have to go to appeal first. Likewise it is probably safe to assume that the OPD policy could be used anywhere in Wales as long as you take care to fulfil all the criteria. However, both these policies insist on complete off-grid living, which may entail either considerable financial commitment to providing alternative forms of energy, or making do with a lot less (or both, probably!).

The requirement to meet at least 75% of ones needs from the land under Policy 52, or 100% under OPD might also be quite challenging, although an OPD within or adjacent to an existing settlement doesnt need to meet this target. A huge plus, however, is that you would have PP before you spend any money developing your land.

In the crofting counties of Scotland it seems there are options for individuals or groups willing to test the waters of relatively new legislation. Whilst the legal mechanism is in place to create new crofts, and new woodland crofts, this has not necessarily penetrated local planning office resistance to develop-ment in the open countryside, hence obtaining PP for a house on the croft may still take some persis-tence. Also taking on crofter status entails buying into a highly complex system of legislation; not for nothing did some bright spark define a croft as a piece of land surrounded by legislation. On the plus side, crofting is well established in the Scottish psyche, and there are no unrealistic expectations about generating income or meeting needs. Crofters almost always work other jobs as well as their crofts. There is also no demand to be entirely off-grid as in the Welsh options.

Unfortunately, potential communities in England seem to be less well served than those in Scotland or Wales.

Finally, if you know something I dont know, please let us all know via Permaculture Magazine (www.permaculture.co.uk).

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reSourceS

Existing and Prospective Eco-communities

Lammas community, Wales www.lammas.org.uk

A project to develop eco-hamlets across the UK www.eco-hamlets.org.uk.

One Planet Development newsletter www.eco-hamlets.org.uk/newsletters.php

Crofting

Map of the Crofting Counties www.crofting.org/index.php/contact_regions_main

The Crofters Commission www.crofterscommission.org.uk Tel. 01463 663450

The Scottish Crofting Federation www.crofting.org Head Office Tel. 01599 530005

Woodland Crofts Officer Jamie MacIntyre Tel. 01967 402332

Crofting Grants www.scotland.gov.uk/Topics/farmingrural/SRDP/CCAGS

Lowland Crofting www.westlothian.gov.uk

Forestry/Woodland

National Forest Land Scheme www.forestry.gov.uk/nfls

Community Woodlands Association www.communitywoods.org

Policy 52

www.lammas.org.uk/lowimpact/documents/AdoptedLowImpactSPG.pdf

One Planet Development

TAN6 www.wales.gov.uk/docs/desh/policy/100722tan6en.pdf

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Magazines

Permaculture (published by Permanent Publications) www.permaculture.co.uk

The Land (published by Chapter 7) www.thelandmagazine.org.uk

25

appendIx 1

Appendix 1a (England and Wales)

Extract from: The Town and Country Planning (General Permitted Development) Order 1995 (www.legislation.gov.uk/uksi/1995/418/schedule/2/made)

PART 6 AGRICULTURAL BUILDINGS AND OPERATIONS

Class A Development on units of 5 hectares or more

Permitted development

A. The carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more in area of

(a) works for the erection, extension or alteration of a building; or

(b) any excavation or engineering operations, which are reasonably necessary for the purposes of agriculture within that unit.

Development not permitted

A.1 Development is not permitted by Class A if

(a) the development would be carried out on a separate parcel of land forming part of the unit which is less than 1 hectare in area;

(b) it would consist of, or include, the erection, extension or alteration of a dwelling;

(c) it would involve the provision of a building, structure or works not designed for agricultural pur-poses;

(d) the ground area which would be covered by

(i) any works or structure (other than a fence) for accommodating livestock or any plant or machin-ery arising from engineering operations; or

(ii) any building erected or extended or altered by virtue of Class A, would exceed 465 square me-tres, calculated as described in paragraph D.2 below;

(e) the height of any part of any building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f) the height of any part of any building, structure or works not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(g) any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(h) it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400 metres of the curtilage of a protected building; or

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(i) it would involve excavations or engineering operations on or over article 1(6) land which are connected with fish farming.

Conditions

A.2. (1) Development is permitted by Class A subject to the following conditions

(a) where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge;

(b) where the development involves

(i) the extraction of any mineral from the land (including removal from any disused railway embank-ment); or

(ii) the removal of any mineral from a mineral-working deposit, the mineral shall not be moved off the unit;

(c) waste materials shall not be brought on to the land from elsewhere for deposit except for use in works described in Class A(a) or in the provision of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question.

(2) Subject to paragraph (3), development consisting of

(a) the erection, extension or alteration of a building;

(b) the formation or alteration of a private way;

(c) the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D.4 below, exceeds 0.5 hectare); or

(d) the placing or assembly of a tank in any waters, is permitted by Class A subject to the following conditions

(i) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the pri-vate way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;

(ii) the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrence of one of the following

(aa) the receipt by the applicant from the local planning authority of a written notice of their de-termination that such prior approval is not required;

(bb) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(cc) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether

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such approval is required or notifying the applicant of their determination;

(iv) (aa) where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(bb) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (aa) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken rea-sonable steps for protection of the notice and, if need be, its replacement;

(v) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the ap-plication; and

(vi) the development shall be carried out

(aa) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (d)(ii).

(3) The conditions in paragraph (2) do not apply to the extension or alteration of a building if the build-ing is not on article 1(6) land except in the case of a significant extension or a significant alteration.

(4) Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A(a).

Appendix 1b (Scotland)

Extract from: Circular 5/1992: THE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (SCOTLAND) ORDER 1992 ( Crown Copyright) (www.scotland.gov.uk/Publications/1992/02/circular-5-1992)

ANNEX C

PRIOR NOTIFICATION ARRANGEMENTS FOR AGRICULTURAL AND FORESTRY BUILDINGS CONSTRUCTED UNDER PERMITTED DEVELOPMENT RIGHTS

Introduction

1. This Annex provides guidance on the operation of the new prior notification arrangements for agricultural and forestry buildings which have been included in Parts 6 and 7 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992- the Permit-ted Development Order.

2. The Permitted Development Order grants planning permission for a wide range of development associated with agricultural and forestry uses of land. The new prior notification arrangements apply to:

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a. the erection of new agricultural and forestry buildings;

b. the significant extension or significant alteration of existing agricultural and forestry buildings; and

c. the building or alteration of farm or forestry roads, which are permitted development under Parts 6 and 7 of Schedule 1 to the Permitted Development Order.

3. Significant extension and significant alteration mean any extension or alteration which would result in:

a. the cubic content of the original building being exceeded by more than 10%; or

b. the height of the building exceeding the height of the original building.

4. The new arrangements mean that the planning permission granted under Parts 6 and 7 cannot be exercised unless the farmer or other developer has notified the planning authority and allowed 28 days (from. the date on which the planning authority receive the notification) for initial consideration of what is proposed. Planning authorities must decide whether to require full details of the proposed development to be submitted for their approval and ensure that the developer is informed of their decision within the 28 day period. If no request for details is received within the 28 day period, the developer may proceed to exercise his permitted development rights.

5. The prior notification procedure provides planning authorities with a means of regulating, where necessary, important aspects of new farm and forestry development for which full planning permis-sion Is not required by virtue of the Permitted Development Order. Provided all the Permitted Devel-opment Order requirements are met, the principle of whether the development should be permitted is not for consideration. The formal submission of details for approval should only be required in cases where the authority considers that a proposal is likely to have a significant impact on its sur-roundings. Many proposals notified to authorities under the Permitted Development Order will not have such an impact.

6. Long-term conservation objectives will often be served best by ensuring that farming and forestry are able to function successfully. Therefore, in operating the controls, planning authorities should always have full regard to the operational needs of the farming and forestry Industries; to the need to avoid imposing any unnecessary or excessively costly requirements; and to the normal consid-erations of reasonableness. However, they will also need to consider the visual effect of the devel-opment on the landscape and the desirability of preserving ancient monuments and their settings, known archaeological sites, the settings of listed buildings, and sites of recognised nature conserva-tion value such as SSSIs.

Efficient Handling of Notifications and Details Submitted for Approval

7. The Secretary of State attaches great importance to the prompt and efficient handling of notifica-tions and any subsequent submissions of details for approval under the provisions of the Permitted Development Order. Undue delays could have serious consequences for agricultural and forestry businesses, which are more dependent than most on seasonal and market considerations. The pro-cedures adopted by authorities should be straightforward, simple, and easily understood. Delegation of decisions to officers will help to achieve prompt and efficient handling, and should be extended as far as possible. Authorities should prepare simple forms which developers can use for the purposes of prior notification, along the lines of the example in the Appendix to this Annex. This will help to minimise the number of cases in which submission of details may be necessary. It is essential that authorities acknowledge receipt of each prior notification, giving the date on which it was received, so that the developer will know when the 28 day period begins. Where the authority do not propose to require the submission of details they should not merely wait for the 28 days to expire but should inform the developer as soon as possible, to avoid any uncertainty and possible delay. Where the

29

authority do decide submission of details is required, they should write to the developer as soon as possible stating clearly and simply exactly what details are needed. Care should be taken not to request more information than is absolutely necessary.

8. There will often be scope for informal negotiations with the developer, as an alternative or prelimi-nary to requiring a formal submission of details. If, as a result of discussions, the developers original proposal is modified by agreement, he or she is not required to re-notify it formally to the authority in order to comply with the terms of the Permitted Development Order condition, but the authority should give their written approval to the modification to make it clear that the developer has authority to proceed with the modified proposals.

Records of Notifications

9. Although there is no statutory requirement to do so, it is suggested that planning authorities should keep records of notifications (i.e. applications for determination as to whether the prior approval of the authority will be required) in the same way as they keep records of applications for determination as to whether planning permission is required under section 51 of the Town and Country Planning (Scotland) Act 1972. Such records would be helpful in assessing the affect of the new arrangements on authorities workload and in reviewing the effectiveness of the scheme.

Consideration of Details Submitted for Approval

10. The new arrangements do not impose full planning controls over the developments to which they apply those developments remain permitted development under the Permitted Develop-ment Order. Therefore the principle of development will not be relevant to the consideration of details submitted for approval under the terms of the Permitted Development Order. The objective should be to consider the visual effect of the development upon the landscape as well as the desirability of preserving ancient monuments and their settings, known archaeological sites, the setting of listed buildings, and sites of recognised nature conservation value such as SSSIs. A Planning Advice Note, giving advice on the siting and design of farm and forestry buildings, is being prepared. To ensure the efficiency and effectiveness of the new arrangements, planning authorities should take account of this advice in their consideration of developments.

11. Details submitted for approval should be regarded in much the same light as applications for ap-proval of reserved matters following the grant of outline planning permission. Subject to the normal criteria governing the use of conditions in planning permission, conditions may be imposed when approval is given. (SDD Circular No 18/1986 gives further advice on this subject.)

Appendix 1c

Caravan Sites and Control of Development Act 1960 ( Crown Copyright) www.legislation.gov.uk/ukpga/Eliz2/8-9/62/contents

FIRST SCHEDULE Cases where a Caravan Site Licence is not required

Agricultural and forestry workers

7 Subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use as a caravan site of agricultural land for the accommodation during a particular season of a person or persons employed in farming operations on land in the same occupation.

8 Subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use of land as a caravan site for the accommodation during a particular season of a person or persons employed on land in the same occupation, being land used for the purposes of forestry (including afforestation).

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Building and engineering sites

9 Subject to the provisions of paragraph 13 of this Schedule, a site licence shall not be required for the use as a caravan site of land which forms part of, or adjoins, land on which building or engineer-ing operations are being carried out (being operations for the carrying out of which permission under Part III of the Act of 1947 has, if required, been granted) if that use is for the accommodation of a person or persons employed in connection with the said operations.

Appendix 1d

Extract from: Planning Policy Statement 7: Sustainable Development in Rural Areas ( Crown Cop-yright 2004)

Annex A: Agricultural, Forestry and Other Occupational Dwellings

1. Paragraph 10 of PPS7 makes clear that isolated new houses in the countryside require special justification for planning permission to be granted. One of the few circumstances in which isolated residential development may be justified is when accommodation is required to enable agricultural, forestry and certain other full-time workers to live at, or in the immediate vicinity of, their place of work. It will often be as convenient and more sustainable for such workers to live in nearby towns or villages, or suitable existing dwellings, so avoiding new and potentially intrusive development in the countryside. However, there will be some cases where the nature and demands of the work con-cerned make it essential for one or more people engaged in the enterprise to live at, or very close to, the site of their work. Whether this is essential in any particular case will depend on the needs of the enterprise concerned and not on the personal preferences or circumstances of any of the individuals involved.

2. It is essential that all applications for planning permission for new occupational dwellings in the countryside are scrutinised thoroughly with the aim of detecting attempts to abuse (eg through spec-ulative proposals) the concession that the planning system makes for such dwellings. In particular, it will be important to establish whether the stated intentions to engage in farming, forestry or any other rural-based enterprise, are genuine, are reasonably likely to materialise and are capable of being sustained for a reasonable period of time. It will also be important to establish that the needs of the intended enterprise require one or more of the people engaged in it to live nearby.

Permanent agricultural dwellings

3. New permanent dwellings should only be allowed to support existing agricultural activities on well-established agricultural units, providing:

(i) there is a clearly established existing functional need (see paragraph 4 below);

(ii) the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement;

(iii) the unit and the agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound, and have a clear prospect of remaining so (see paragraph 8 below);

(iv) 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; and

(v) other planning requirements, eg in relation to access, or impact on the countryside, are satis-fied.

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4. A functional test is necessary to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available at most times. Such a requirement might arise, for example, if workers are needed to be on hand day and night:

(i) in case animals or agricultural processes require essential care at short notice;

(ii) to deal quickly with emergencies that could otherwise cause serious loss of crops or products, for example, by frost damage or the failure of automatic systems.

5. In cases where the local planning authority is particularly concerned about possible abuse, it should investigate the history of the holding to establish the recent pattern of use of land and build-ings and whether, for example, any dwellings, or buildings suitable for conversion to dwellings, have recently been sold separately from the farmland concerned. Such a sale could constitute evidence of lack of agricultural need.

6. The protection of livestock from theft or injury by intruders may contribute on animal welfare grounds to the need for a new agricultural dwelling, although it will not by itself be sufficient to justify one. Requirements arising from food processing, as opposed to agriculture, cannot be used to justify an agricultural dwelling. Nor can agricultural needs justify the provision of isolated new dwellings as retirement homes for farmers.

7. If a functional requirement is established, it will then be necessary to consider the number of work-ers needed to meet it, for which the scale and nature of the enterprise will be relevant.

8. New permanent accommodation cannot be justified on agricultural grounds unless the farming enterprise is economically viable. A financial test is necessary for this purpose, and to provide evi-dence of the size of dwelling which the unit can sustain. In applying this test (see paragraph 3(iii) above), authorities should take a realistic approach to the level of profitability, taking account of the nature of the enterprise concerned. Some enterprises which aim to operate broadly on a subsist-ence basis, but which nonetheless provide wider benefits (eg in managing attractive landscapes or wildlife habitats), can be sustained on relatively low financial returns.

9. Agricultural dwellings should be of a size commensurate with the established functional require-ment. Dwellings that are unusually large in relation to the agricultural needs of the unit, or unusually expensive to construct in relation to the income it can sustain in the long-term, should not be per-mitted. It is the requirements of the enterprise, rather than those of the owner or occupier, that are relevant in determining the size of dwelling that is appropriate to a particular holding.

10. Local planning authorities may wish to consider making planning permissions subject to con-ditions removing some of the permitted development rights under part 1 of the Town and Country Planning (General Permitted Development) Order 1995 for development within the curtilage of a dwelling house. For example, proposed extensions could result in a dwelling whose size exceeded what could be justified by the functional requirement, and affect the continued viability of maintaining the property for its intended use, given the income that the agricultural unit can sustain. However, it will always be preferable for such conditions to restrict the use of specific permitted development rights rather than to be drafted in terms which withdraw all those in a Class (see paragraphs 86-90 of the Annex to DOE Circular 11/95).

11. Agricultural dwellings should be sited so as to meet the identified functional need and to be well-related to existing farm buildings, or other dwellings.

Temporary agricultural dwellings

12. If a new dwelling is essential to support a new farming activity, whether on a newly-created agricultural unit or an established one, it should normally, for the first three years, be provided by a

32

caravan, a wooden structure which can be easily dismantled, or other temporary accommodation. It should satisfy the following criteria:

(i) clear evidence of a firm intention and ability to develop the enterprise concerned (significant investment in new farm buildings is often a good indication of intentions);

(ii) functional need (see paragraph 4 of this Annex);

(iii) clear evidence that the proposed enterprise has been planned on a sound financial basis;

(iv) 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; and

(v) other normal planning requirements, eg on siting and access, are satisfied.

13. If permission for temporary accommodation is granted, permission for a permanent dwelling should not subsequently be given unless the criteria in paragraph 3 above are met. The planning authority should make clear the period for which the temporary permission is granted, the fact that the temporary dwelling will have to be removed, and the requirements that will have to be met if a permanent permission is to be granted. Authorities should not normally grant successive extensions to a temporary permission over a period of more than three years, nor should they normally give temporary permissions in locations where they would not permit a permanent dwelling.

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appendIx 2

West Lothian Local Plan 2009 Extract relating to Lowland Crofting

(Full text here: www.westlothian.gov.uk/1210/161/178)

Very low-density rural housing and woodland development

3.93 In southern and western West Lothian, some parts of the countryside comprises land of lesser agricultural value or poorer quality landscapes. These can have a negative effect on the image of the area. To help address this issue, in the early 1990s, the council promoted the comprehensive re-structuring of farms to provide very low density housing in re-structured landscape settings.

The initiative became known as lowland crofting. This approach also brings local economic ben-efits by widening housing choice which, at that time, was limited compared with the level of choice available today, and increasing opportunities for associated small businesses. A number of very low density housing developments have now been implemented within the south and west of West Lo-thian covering a very sizeable area of land. A key objective of improving the quality of the relatively impoverished landscapes in specific parts of the district has, to an extent, been met although scope may exist for further improvements through additional very low density housing developments.

3.94 The area of land that may benefit from such schemes is identified on the proposals plan but not every farm in the area will be suitable for very low density housing developments. In light of the extensive implementation of this policy in south and west West Lothian, and the limited capacity of the remaining landscape to benefit from this type of development, a new, more focused approach is now required. This approach will focus primarily on the existing landscape character of an area and its potential to benefit from additional woodland planting and the need to avoid suburbanisation of the countryside. When assessing further schemes, The Landscape Character Assessment for West Lothian, prepared by SNH, will be used to guide new schemes to areas which, in landscape terms, can both accommodate new very low density housing and benefit from the additional significant landscape planting. Applications will require to be accompanied by a landscape and biodiversity as-sessment.

3.95 A design brief must also be prepared as part of each proposal to ensure new buildings are designed to a high standard. This brief should accompany the planning application. Proposals that embrace sustainability principles through renewable energy provision, ecological building design and waste water management will be encouraged.

3.96 The enactment of the Land Reform Act (Scotland) 2003 and the associated Scottish Outdoor Access Code, approved by Ministers in 2004, grants the public new and extensive rights of respon-sible access to the countryside for walking, cycling and horse riding. However, in terms of public ac-cess, there are potential benefits that cannot be achieved through the Land Reform Act but can be realised through a lowland crofting scheme including the provision of public paths constructed to an appropriate standard and thereafter maintained to that standard. These paths could be particularly beneficial on the edge of existing settlements, linking with the existing footpath network.

3.97 To ensure the appropriate balance between development and environmental benefits, the mini-mum size of farm unit eligible for consideration under this policy has been increased from 20 hec-tares to 40 hectares and the amount of land to be devoted to woodlands, nature conservation and access increased from 30% to 50% of the gross area.

Policy ENV 35

The suitability of proposals for very low density rural housing and woodland development, in addition

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to generally satisfying the requirements of policies ENV 21, ENV 23 and ENV 24, will be assessed against each of the following criteria:

a. This policy will apply only to those parts of West Lothian identified within the area detailed on the proposals map.

b. Proposals which would create an unacceptable impression of ribbon development or suburbani-sation, by themselves or through cumulative impact with other developments, will be refused.

c. There will be a presumption against proposals in Areas of Great Landscape Value except where there are exceptional improvements to the landscape, biodiversity and access opportunities.

d. Areas of Special Landscape Control and Countryside Belts have special qualities and functions. Any proposals within these areas must clearly demonstrate that these qualities and functions are not adversely affected but improved by the proposed lowland crafting scheme.

e. Planning applications must be accompanied by an assessment of the impact of development on the site carried out by a qualified landscape architect and ecologist. Proposals must demonstrate a clear, quantifiable benefit in landscape and ecological terms.

f. The layout and design of buildings must conform to a design brief to be prepared in accordance with the principles detailed in PAN 72, Housing in the Countryside, paying particular attention to the location of buildings within the landscape.

g. Any permanent development, including houses, outbuildings, garages, driveways, hard stand-ings and access roads must be assimilated into the landscape without jeopardising its existing character and appearance. Specifically, built development must avoid skylines, open fields or ex-posed locations.

h. New access provision should preferably link with the existing path network and shall be con-structed to a standard appropriate to its location and use. Any proposal must include sign posted paths, capable of being used without conflict by walkers, cyclists and horse riders but which are not capable of being abused by, for example, quad bikes and motorcycles.

i. Sites must be capable of being serviced to accepted standards without excessive resource com-mitment by the council.

j. Sites must be capable of being serviced by a safe vehicular access which is integrated within the landscape.

k. The proposal shall be for a whole farm or other area large enough for comprehensive treatment, normally not less than 40 hectares.

l. The density of residential development shall not exceed 10 houses per 50 hectares; it may well be less in attractive or visible areas, and where houses already exist.

m. Any non-residential use shall be restricted to class 4 of the Use Classes Order, but subject to an assessment of that use in terms of traffic generation, the impact on the amenity of adjacent households and the overall appearance of the development.

n. A minimum of 50% of the gross area shall be devoted to native woodlands, public access and biodiversity conservation and enhancement. Archaeological sites should be protected.

o. Legal agreements will be required to:

ensure adherence to design guidance;

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guarantee the implementation of all woodland planting and other landscaping, public access, and wildlife habitat proposals prior to or concurrently with the development of the houses;

ensure the proper long-term maintenance and management of all woodlands, means of public access, biodiversity areas and associated works;

control the use of the land attached to each house, any business uses associated with the house or the land and any future sub-division or intensification of development, including the erection of additional houses.

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appendIx 3

Chapter 7s draft submission to the National Planning Policy Framework

Government Planning Framework Consultation 28th February Deadline

The Government is consulting on a new national planning framework for England until 28th Febru-ary. All the planning policy statements such as PPS7 on the Countryside, and PPS1a on Climate Change are likely to be replaced by one document The Government are allegedly looking to reduce several hundred pages of guidance into ten or twenty pages.

This is really important for future people involved in low impact development, permaculture projects, ecovillages etc. It is potentially a threat as policies that have enabled projects to get planning per-mission in the past may be removed. However, it is also an important opportunity to get supportive policies added at the national level.

Chapter 7 has been working with the Permaculture Association to identify planning policies that wed like to see retained or added. Here in bullet point form are the main points we have identified.

A definition of Sustainable Development in the framework that is robust and stringent, and empha-sises ecologically sustainable development, not just sustainable economic development.

Retention of a policy to allow agricultural, forestry and other rural workers to build homes in the open countryside. This is currently contained in Annex A of PPS7 (Planning Policy Statement 7).

Introduction of a national policy for Low Impact Development, similar to the One Planet Develop-ment policy contained in TAN6 (Technical Advice Note 6) in Wales.

Introduction of policies that are supportive of self-builders, particularly where homes are ecologically sustainable and/or affordable.

We would like to see the encouragement of local food production and forestry enterprises on green belt land.

Introduction of policies that provide for people who wish to have part-time access to agricultural land on the edge of existing settlements.

Introduction of policies that make it easier for those who choose to live in a mobile home, cabin or other low impact dwelling to do so whether or not they are classed as gypsies or travellers.

We need to demonstrate to the government that there is a demand for these kinds of development. If you agree with some or all of these points please write a submission by the 28th February - in your own words - and send it to planningframework@communities.gsi.gov.uk or:

Alan Scott National Planning Policy Framework Department for Communities and Local Government Zone 1/H6 Eland House London SW1E 5DU

Below is Chapter 7s draft submission which fleshes out some of these points in greater detail.

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NATIONAL PLANNING POLICY FRAMEWORK

Sustainable Development

We welcome the proposal in the Green Paper Open Source Planning to establish a presumption in favour of sustainable development. This will require national planning guidance to provide a ro-bust definition of what sustainable development constitutes. We submit that any definition should include the following areas:

minimization of resource use (as defined for example by ecological footprints)

climate change and carbon emissions

minimization of energy use, especially fossil fuels

minimization of transport demand and car use

minimization of waste

enhancement of biodiversity

conservation and enhancement of natural resources such as water, soil quality, woodland etc.

adequate access to land, resources and facilities for all households within a given community.

Sustainable Rural Development

Rural development has been hampered in recent years by restrictive locational policies that have tended to equate sustainability with location on the edge of settlements and required development in the open countryside to be strictly controlled. While Chapter 7 agrees that development in the open countryside needs strict control, too often this has been interpreted to mean no development at all. There are often obvious transport advantages in siting developments on the edge of settlements, but sometimes, particularly in the case of land-based enterprises, these can be outweighed by other sustainable advantages, such as more effective land management, the opportunity to use natural sources of energy, restoration of moribund rural economies and agro-ecologies, the avoidance of reverse commuting from town residence to rural employment etc.

We would therefore support a presumption in favour of sustainable development in the open coun-tryside, provided that the definition of sustainability is stringent, and that its application is strictly controlled. We believe there is a case for expanding the country house policy, currently found in paragraph 11 of PPS 7 to include, not merely buildings exhibiting the highest standards of contem-porary architecture (which anyway is highly subjective) but those embodying the highest standards of rural sustainability, as defined in national policy guidance.

We also suggest that framers of the new policy guidance should look at the Welsh One Planet De-velopment p