Planning permission on agricultural land

Explore how we can help businesses, families and individuals with their legal requirements around property and land.

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Securing planning permission on agricultural land can be challenging, given the strict regulatory and policy protections in place to safeguard farming uses and the rural environment.

Agricultural land is subject to a complex legal framework that can present significant barriers to change of use or redevelopment. Our team of specialist planning solicitors offers strategic, practical legal advice to help you navigate these challenges with confidence.

Advising on development proposals

Before progressing with any development plans, it is essential to understand whether your proposals fall within permitted development rights or will require full planning permission. Agricultural land benefits from strong protection against non-agricultural uses, but exceptions exist for certain diversification schemes or conversions of existing agricultural buildings. We advise on the legal status of your proposal, including whether a lawful development certificate may be appropriate to confirm permitted use.

Sarah Jordan

Sarah Jordan

Partner | Real Estate, Landed Estates and Farming, Rural Services

023 8071 8082

Ownership, tenancies and land rights

Ownership or occupation of agricultural land can often raise additional legal considerations. We advise on how tenancies, agricultural holdings, or rights of occupation may impact your ability to develop the land, including serving the correct notices on tenants or third parties. Our solicitors carry out due diligence on title and tenancy matters to ensure there are no legal obstacles to proceeding with your plans.

Strategic planning support

Our team provides strategic legal guidance to help you steer projects through the planning system. We advise on interpreting planning policies, assessing the risk of refusal, and developing a robust appeal strategy if necessary. Where appropriate, we coordinate with planning consultants, surveyors, ecologists, and other professionals to deliver an integrated approach, with the legal aspects fully under control.

Planning obligations and agreements

When planning permission is granted, legal agreements are often required to secure obligations linked to the development. These may include Section 106 agreements, biodiversity net gain requirements, or infrastructure contributions. We draft, negotiate, and complete these agreements to protect your interests and ensure compliance with planning conditions.

Planning enforcement and appeals

If you face planning enforcement action — for example, a breach of conditions or an unauthorised change of use — we can help you respond, including negotiating with the local planning authority or applying for retrospective permission where appropriate. Should your application be refused, we have extensive experience representing clients through the appeals process, whether by written representations, hearings, or inquiries.

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Ensuring compliance with planning conditions

Once planning permission has been granted, meeting the attached conditions is crucial to protect your investment and avoid enforcement action. We advise on your legal obligations to help you remain compliant and address any unforeseen issues that might arise during the development process.

Biodiversity Net Gain & Natural Capital

Biodiversity Net Gain (BNG”) is transforming land development. From 12 February 2024, all major developments submitted after this date, must deliver a minimum 10% net gain in biodiversity, with small sites included from 2 April 2024. Where on site delivery is not possible, developers must purchase BNG credits before constructions begins.

We advise on section 106 agreements and conservation covenants to create off site BNG units, the sale process for the BNG units as well as advising on service agreements if a third party provider is involved. We also advice on nitrate mitigation and phosphate mitigation solutions.

Compulsory Purchase Orders

If your land is subject to a compulsory purchase order (CPO) it is important to seek legal advice as soon as possible. CPOs are complex and represent a significant intrusion on property rights.

We can assist you in understanding and carefully managing the process including preparing valid grounds for objection, identifying any procedural errors and (if necessary) at any inquiry. We would also work closely with surveyors to assist with the compensation process.

How we can help

Our planning solicitors deliver expert advice and strategic support on all aspects of agricultural land development. From clarifying permitted development rights and managing legal risks, to negotiating planning agreements and defending appeals, we help you achieve your objectives while protecting your legal position.

Contact us

If you are looking to develop agricultural land or need specialist advice on rural planning matters, Moore Barlow’s experienced team is ready to help. We combine deep knowledge of planning law with practical, commercially focused solutions to give you the confidence to move forward.

Contact us today to discuss how we can support your project.

We are here to help

Discover how our expert rural lawyers can help you.

Contact our rural law team

Landed estates, rural businesses & landowning families

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