Categorising land use

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Categorising land use

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Jb

Joined: 08 Jun 2005
Posts: 7761
Location: 91ï¿½ N

Posted: Thu Feb 21, 08 11:23 am Post subject: Categorising land use
Does grazing fall into a different categoy to a smallholding / market gardening? ie if I buy or rent land that is currently used for grazing with a view to using it as a smallholding then would there be any planning issues with that.

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Thu Feb 21, 08 11:33 am Post subject:
Yes, largely depending on the land- if it's ancient pasture you may not be allowed to change it's use at all, if it is non-permanent pasture (ie less than five years in grass) it is much more flexible, but there will still be planning issues if you want to build or create new access/other change of use.

Jb

Joined: 08 Jun 2005
Posts: 7761
Location: 91ï¿½ N

Posted: Thu Feb 21, 08 11:35 am Post subject:

Rob R wrote:

Yes, largely depending on the land- if it's ancient pasture you may not be allowed to change it's use at all, if it is non-permanent pasture (ie less than five years in grass) it is much more flexible, but there will still be planning issues if you want to build or create new access/other change of use.

Is that due to change of use or adding new structures. i.e. is a smallholding easier to manage than a smallholding with a few polytunnels?

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Thu Feb 21, 08 11:42 am Post subject: Re: Categorising land use

JB wrote:

Does grazing fall into a different categoy to a smallholding / market gardening? ie if I buy or rent land that is currently used for grazing with a view to using it as a smallholding then would there be any planning issues with that.

I think the key point is the market gardening. Thats running a bussiness & could be seen as not agriculture. It tends to be ultra intensive & under glass / plastic like a garden center/ nursery. A smallholding can be agriculture deppending on what you are doing.

Justme

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Thu Feb 21, 08 11:51 am Post subject:

Also to point out, if the smallholding is not big enough to act as an agricultural business it may be classified as a hobby farm (usually this applies to ag dwellings but it is equally applicable to buildings & other structures) which does constitute a change of use- councils vary on this according to area & sensitivity of the landscape etc. You still need building consent for agricultural buildings but the permitted development rules allow you to do so much without applying for full planning (and it only costs about £50).

This is a useful guide to have: https://www.communities.gov.uk/publications/planningandbuilding/farmersguide

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Thu Feb 21, 08 12:09 pm Post subject:

I did not think that the terms hobby farm & smallholding had been legaly defined? Is it the amount of land, what you do with it or if you turn a real profit? I know some on a small acreage that do produce a good profit & others on huge acerage that only survive due to the SFP.

If you have more land (over 5 hectares seems to ring a bell) its easier to do more things building wise & only have to inform them & not apply for PP as you have "permited developement rights".

Just found market gardens are agriculture acording to the law.

from the above link wrote:

THE DEFINITION OF AGRICULTURE
Section 336 of the Town and Country Planning Act 1990 defines ‘agriculture' as including:
• ‘horticulture, fruit growing, seed growing, dairy farming;
• the breeding and keeping of livestock (including any creature kept for the production of
food, wool, skins or fur, or for the purpose of its use in the farming of land);
• the use of land as grazing land, meadow land, osier land, market gardens or nursery
grounds; and
• the use of land for woodlands where that use is ancillary to the farming of land for other
agricultural purposes.’

Justme

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Thu Feb 21, 08 12:16 pm Post subject:

Justme wrote:

I did not think that the terms hobby farm & smallholding had been legaly defined?

It has more to do with the proportion of your income from the land (hobby farm), I don't recall exactly how much it is but you have to prove your income before getting permission (and prove that it is agricultural). Smallholding is just a holding under 100acres, it means nothing as far as planning goes.

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Thu Feb 21, 08 12:36 pm Post subject:

Rob R wrote:

So as I get all of my earned income from the holding its not a hobby farm?

I know if you want to develope the land then a finacial assesment is done but dont think it is for PDR.

Justme

Jb

Joined: 08 Jun 2005
Posts: 7761
Location: 91ï¿½ N

Posted: Thu Feb 21, 08 12:48 pm Post subject: Re: Categorising land use

Justme wrote:

JB wrote:

Ahh. well that may be the point. I put it down as market gardening as any small holding is likely to have occasions when it generates a surplus which would obviously be sold if possible. There's presumably a grey area between a small holding and a market garden even though the land use may not be any different.

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Thu Feb 21, 08 1:01 pm Post subject: Re: Categorising land use

JB wrote:

Down side is you will get a standard rate house mortgage on a smallholding but will need a biss loan / mortgage payable at a higher rate & in less time on a market garden. Assuming you need one of course.

You can just run as a biss on a smallholding which is what we do. We are selfemployed, & VAT regsitered.
Justme

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