News

Jun 15, 2010

NEW Planning Consent for Sheds, Greenhouses and polytunnels on Allotments

SWCAA are receiving a high number of enquiries from allotment holders across the country who have been told by their council that they need to have planning consent to errect a shed, greenhouse, polytunnel and even chicken sheds!!

There has been certain mis-information circulating about this subject so SWCAA would like to clarify the following on planning requirments for allotments. If you are told you need to have it ask for the reference to the section of the Town and Country Planning act under which they are requiring this.  You should refer them firmly to the 1950 planning act which clearly reads:

12 Abolition of contractual restrictions on keeping hens and rabbits

(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

The erection of a structure for this purpose that doesn't require permanent foundations is not classed as development on agricultural land and does not require planning permission, as was demonstrated in the matter of small polytunnels etc on allotments in various court cases.

Please also note the following:
"The use of land for allotment purposes does not require planning permission because that use falls within the definition of agriculture in the TCPA 1990 - see Crowborough Parish Council v Secretary of State for the Environment & Wealden DC (198043 P & CR 229, DC)'. Section 336 Town and Country Planning Act 1990 states in words of few syllables that 'agriculture' includes 'horticulture'   

Section 55 (2) (e) Town and Country Planning Act 1990 states that planning permission ,is not required for .buildings occupied together with land used for agricultural (horticultural) purposes.  It follows that planning permission is not required.

This is confirmed by the abstract of page 289 'Local Council Administration' 6th edition 2002 Arnold-Baker and Clayden, published by Butterworth ISBN 0 406 952981.

The use of land for agriculture and the use of buildings occupied together with agricultural land is not to be taken to involve development, for which, therefore, development permission is not necessary. This makes development permission for allotments equally unnecessary.

Structures not covered by this rule's are permitted development. 

[This is footnoted by reference to ss. 55 (2) (e) and 336 Town and Country Planning Act 1990,and Town and Country Planning (General Permitted Development) Order 1995 - SI 1995/418].       

Part 6 Town & Country Planning (General Permitted Development) Regulations 1995 which talks in terms of planning permission not being required for agriculture (which, it will be recalled, includes horticulture - section 336 Town and Country Planning Act 1990) buildings. This is again confirmed by the abstract from 'Local Council Administration'.

If you have any other queries about this subject then please get in touch.