We do a lot of applications for more rural properties, and farming enterprises, which includes preparation and submission of prior approval applications for agricultural buildings. Whilst the applications, by their very nature, are not a policy based assessment (given that they are assessed against the provisions of the General Permitted Development Order (GDPO)) it is a still common misconception that the process is always simpler as well as that the matters to be taken into account cannot include, for example, ancient woodland or listed buildings (or other designations).
Larger holdings (those in excess of five hectares) can, in qualifying circumstances, utilise permitted development rights for the construction of farm buildings. One of the conditions to utilising such rights is that the applicant must apply for prior approval before starting work and that this prior approval relates to design, appearance and siting but what does design, appearance and siting actually mean in terms of practical application and what should you be including and considering with such applications?
Rickards v East Hertfordshire District Council (2025) involved a successful judicial review against the grant of prior approval in respect of agricultural permitted development rights by East Hertfordshire Council on the basis that certain designations within the vicinity were not appropriately considered by the Council in making the decision to grant prior approval.
Of note, within this judgement, the Council submitted that the case officer had had regard for the impact of the development on the listed building on the ancient woodland, however, the Judge deemed this an ambitious claim on the basis that there was no mention of either designation in any of the application materials nor confirmation in the witness evidence of the proceedings. It is key, therefore, that councils need to make it plainly obvious within any written documentation that the assessment has clearly taken such designations into account.
In our view, that this supports the requirement for such applications to be accompanied by, at the very least, a covering letter and/ or planning statement confirming that such matters have been taken into account. In this case it is evident that the Council should have had knowledge of the designations in its local area and should have taken these into account as a material consideration as part of the prior approval decision making process, however, adequately supporting applicants to point such matters out as part of submissions is, in our view, good practice as part of any applications submitted.
Prior approval applications, and utilisation of permitted development rights, are, and will remain, a useful route to constructing farm buildings for example but this case highlights that the days of completing an application form and submitting a basic site plan are, ultimately, gone in many cases insofar as cases of this nature demonstrate that design, appearance and siting can include a requirement for further information to be submitted such as heritage statements, tree surveys and ecological surveys proportionate to the proposal and its proximity to the designations in question.
The case does, positively, highlight that there is not necessarily a requirement to provide plans to substantiate the agricultural unit on that declarations of agricultural site unit size can be sufficient to establish eligibility under Class A. The importance of site notices is also raised, applicable to the vast majority of applications and not just prior approvals, in so far as if a notice is required it should be left on site, clearly displayed, for the required 21-day period.
It is key that applications, of all types, are appropriately prepared and submitted taking into account all relevant considerations as even if the council (as was the case in the details outlined above) do make a decision, which is incorrect, procedural failings leave permissions open to challenge with potential for the decision to be quashed.
Appropriate, and proper, submission of applications and supporting information is there for best practice and certainly an approach which we take as a consultancy.
If anyone has any further queries, or you think we can help, please do get in touch!