Agricultural Workers' Dwellings
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National planning policy currently excludes residential development in Open Countryside ie outside settlement boundaries.
However, Planning Policy Statement 7 states that “new permanent dwellings should only be allowed to support existing activities on well established agricultural units” (Annex A).
http://www.communities.gov.uk/documents/planningandbuilding/pdf/147402.pdf
Unfortunately this system has been abused and it has become increasingly difficult to secure consent for such dwellings however legitimate.
The Local Planning Authority (LPA) must be satisfied that any application for an agricultural workers dwelling:
- is for a full time worker
- there is no other suitable/available dwelling
- other planning requirements are met, particularly regarding access and impact on the landscape
- demonstrates a justified need (the Functional Test)
- is a financially viable proposition (the Financial Test)
The Functional and Financial Tests should be detailed in an Agricultural Appraisal that accompanies the planning application as follows:
Functional Test:
- Establish the number of workers required to meet the need e.g. by using the Farm Business Survey figures of 1,900 hours per worker per year
- Demonstrate that the worker(s) requiring the house must be readily available at most times for
- proper functioning of the enterprise
- essential care of stock or crops
- responding quickly in situations where serious financial loss might result
Financial Test
- Provide evidence (accounts) that the unit and the agricultural activity:
- have been established for more than 3 years (during which time the essential worker may have to inhabit a Temporary Dwelling on the unit)
- have been profitable for at least one of the last three years
- are currently financially sound
- have a clear prospect of remaining so
- Demonstrate that the proposed dwelling:
- is of a proportionate size to the unit
- will not cost so much as to threaten the business
All dwellings are subject to Building Regulations.
If planning permission is granted for an agricultural worker’s dwelling an Agricultural Occupancy Condition is usually attached to the approval. This limits the occupancy to a person working in agriculture (but this does not have to be on the unit concerned).
Temporary Agricultural Dwellings
Temporary Dwellings include caravans and wooden structures that can be easily dismantled or other temporary accommodation. Where these are required e.g. to house casual workers, the Local Planning Authority can confirm if they require planning permission or are permitted development.
Prior to applying for a permanent Agricultural Worker's Dwelling, a temporary dwelling will have to be provided for the first three years of the agricultural activity being supported.