Erecting a grain store under agricultural permitted development
A prior notification is not a planning application. The holding size test, the height and position limits, the 28 day period, and the conditions that attach automatically.
An agricultural building prior notification is not a planning application, and treating it like one is the fastest way to lose the right. On a holding of five hectares or more, a grain store that is reasonably necessary for agriculture on that unit can usually be built under Class A of Part 6 of Schedule 2 to the General Permitted Development Order 2015. What you submit is a request for the council to determine whether its prior approval is required for the siting, design and external appearance of the building.
Get the sequence wrong, start work before the 28 days have run, or exceed one of the limits, and the building becomes unauthorised development that needs a retrospective application.
The Part 6 rights and the holding size test
Class A applies to development on an agricultural unit of five hectares or more. Two thresholds sit inside that.
The unit has to be five hectares or more in area, and it has to be in agricultural use. Land held in separate parcels can be aggregated into one unit where it is farmed together, and that is worth documenting in the notification with a plan and a schedule of fields. The second threshold catches the position of the building itself: development is not permitted on a separate parcel of land of less than one hectare forming part of the unit. A grain store on an isolated half-hectare paddock across the road therefore falls outside the class even where the whole holding runs to 200 hectares.
The other requirement is that the works are reasonably necessary for the purposes of agriculture within that unit. A grain store sized for the holding's own cropping meets it. A store sized to take in grain from neighbouring farms as a commercial enterprise does not, and a store that will be used partly for a contracting business or for storing machinery for hire is on weak ground. Be honest about the intended use, because the description you give is the basis on which the right is claimed.
Holdings of between 0.4 and five hectares fall under a separate class with narrower rights, which does not permit new buildings in the same way. Check which class you are in before anything else.
Limits inside the class
The Order sets limits on height, position and area, and breaching any one of them takes the whole building outside the class.
- Height: no part may exceed 12 metres, reduced to 3 metres where any part of the building is within 3 kilometres of the perimeter of an aerodrome
- Position: no part may be within 25 metres of a metalled part of a trunk road or classified road
- Livestock and slurry: buildings, structures and excavations for accommodating livestock or storing slurry or sewage sludge are not permitted within 400 metres of the curtilage of a protected building
- Nature of the building: it must be designed for agricultural purposes, and it cannot be a dwelling or an extension to one
- Ground area: the Order caps the area covered, aggregated with other Class A buildings erected within 90 metres in the preceding two years
The height limit is the one grain stores test. A store with a pit, an elevator leg and a dryer stack can pass 12 metres at the highest point even where the building itself is modest, and the limit applies to any part of the development. Measure the tallest element, not the eaves.
The aggregation rule catches farms that build steadily. Two stores erected in successive years within 90 metres of each other are counted together, which can push the second one over the cap even though it would have been fine on its own. Read the current figure in the Order, because it has been amended.
The prior notification itself
The application is for a determination as to whether prior approval is required for the siting, design and external appearance of the building. It is a short document, and a good one answers the questions the officer would otherwise have to ask.
- A site location plan with the whole agricultural unit outlined, and a schedule of the land in the unit with areas.
- A block plan showing the proposed building, its distances to the nearest dwelling, to any classified road, and to any watercourse.
- Elevations and a section with the overall height dimensioned to the highest point.
- A short statement of the agricultural justification: cropped area, tonnage, why existing storage is inadequate.
- Materials and colours, with a note on the finish proposed.
- Details of any new or altered access track, since the formation or alteration of a private way is itself notifiable under the class.
The authority has 28 days from receipt to notify you whether prior approval is required. Development must not begin before you receive that notification, or before prior approval is granted where it is required, or before the 28 days expire without a response. Keep the postal or electronic receipt, because the date of receipt is what the period runs from.
Siting, design and materials: what the council can control
Where the authority decides prior approval is required, its powers are limited to siting, design and external appearance. It cannot refuse the principle of the building, and it cannot ask for a transport assessment or an ecological survey as a condition of approval.
What it can and often does ask for is a different position on the site, a lower or differently proportioned form, dark recessive colours instead of pale sheeting, and a planted framework to soften the building in views from a road or footpath. Offering those in the notification usually produces a determination that prior approval is not required, which is the outcome you want.
Do not volunteer more than the class requires. A Design and Access Statement is unnecessary for a notification under Part 6, and submitting a full suite of documents invites the authority to treat the proposal as though it were a planning application.
Where the right does not apply at all
| Situation | Effect |
|---|---|
| Article 4 direction withdrawing Part 6 rights | Full planning application needed |
| Building on a separate parcel under one hectare | Outside the class |
| Height above the applicable limit | Outside the class |
| Use not reasonably necessary for agriculture on the unit | Outside the class |
| Land within a National Park, the Broads, a National Landscape or a conservation area | Additional restrictions apply to parts of the Order, so check the text |
| Site of Special Scientific Interest | Natural England's assent is needed separately |
| Listed building or its curtilage | Listed building consent may be required for works affecting it |
Where any of these applies, the route is a full application with a Planning Statement setting out the agricultural need and addressing landscape and amenity policy. The same is true of the related question of whether a glasshouse or polytunnel block falls within the class, which turns on whether the structure is a building at all.
Conditions that attach automatically
Permitted development is not unconditional. Class A carries conditions including a requirement, where a building erected under the class ceases to be used for agriculture within ten years of substantial completion and no permission has been granted for another use, that the building be removed and the land restored. Read the current conditions in the Order, because they have been amended over time.
That condition matters commercially. A grain store built under Part 6 and then let to a neighbour for machinery storage five years later is not covered by the right, and a subsequent change of use application will be determined on its planning merits with no fallback position.
Practical points a notification should anticipate
Grain drying is noisy and it runs through the night in harvest. Where the nearest dwelling is not in the applicant's ownership, describe the dryer's position, the direction of the fan discharge and the seasonal duration in the notification, because an unhappy neighbour who learns about it afterwards generates an enforcement complaint even where the building is lawful.
Dust and lighting deserve the same treatment. Grain handling generates dust at intake, and a store with external lighting on a ridge is visible for a long way. Both are addressable by siting and detailing, which is exactly what prior approval covers.
Check for barn owls and bats where an existing building is being replaced or altered. Permitted development does not disapply wildlife legislation, and disturbing a roost or a nest is an offence regardless of whether planning permission was needed. Where a different consenting route becomes necessary, the sequencing question is much the same as for a farm reservoir or irrigation pond.
This is general guidance rather than legal advice, so check the position with your local planning authority or a qualified professional before relying on it. A Lawful Development Certificate is the only formal way to confirm that works are lawful. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
How large does the holding need to be?
Five hectares or more for Class A of Part 6, and the land must be in agricultural use. Separate parcels farmed together can be aggregated into one unit, which is worth documenting with a plan and a field schedule. Development is not permitted on a separate parcel of less than one hectare forming part of that unit, whatever the total holding area.
What height can an agricultural building be under Part 6?
No part may exceed 12 metres, reduced to 3 metres where any part lies within 3 kilometres of the perimeter of an aerodrome. The limit applies to the highest part of the development, so a pit, elevator leg or dryer stack counts. Measure the tallest element rather than the eaves before relying on the right.
How long does a prior notification take?
The authority has 28 days from receipt to notify you whether prior approval is required for siting, design and external appearance. Work must not begin before you receive that notification, before prior approval is granted where required, or before the 28 days expire without a response. Keep proof of the receipt date.
What can the council control on a prior notification?
Only siting, design and external appearance. It cannot refuse the principle of the building or require a transport assessment or ecological survey as a condition of approval. It commonly asks for a different position, a lower or differently proportioned form, dark recessive colours and planting. Offering those up front often produces a determination that prior approval is not required.
Can the building be used for something else later?
Not without permission. Class A carries conditions including a requirement that a building ceasing to be used for agriculture within ten years of substantial completion be removed and the land restored, unless permission for another use has been granted. Letting a Part 6 store to a neighbour for machinery storage is outside the right.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.