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On 4 and 11 March 2014 Blake Lapthorn's Rural team hosted a rural professionals breakfast briefing.
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Regulatory issues
CAP reform NVZsRed Tape Agricultural Holdings - units of production Seasonal workers
Recent Cases
Nugent v Nugent [2013] EWHC 4095 (Ch)
R (on the application of Imogen Bickford-Smith) v Secretary of State for Environment, Food & Rural Affairs [2013] EWHC 3371 (Admin)
Troutbeck SA v (1) Gary White (2) Katy Victoria Todd [2013] EWCA Civ 1171
Recent Cases
Ham v Ham and another [2013] EWCA Civ 1301
(1) Mohit Dutta (2) A Queiroz v Thomas Hayes [2013] Ch D
Brady v Environmental Protection Agency C-113/12
Cramaso LLP v Ogilvie-Grant, Earl of Seafield and Others [2014] UKSC 9
Considerations to maximising the use of the reliefs
Check who owns what
APR and BPR – is this fully available?– Review tenancy agreements– Review grazing agreements and contract farming and
share farming agreements– Is the land let or “in hand”?– Look at woodland – can it be a business activity?
Succession issues
Who wants or needs to inherit?
Is there any prospect of other provision for those who will not inherit the farming business?
Should the gifts be outright or in trust?
Other issues to consider
Trusts – are they fit for purpose
Powers of attorney – who will run the farm if the owner lacks the capacity to do so
In Conclusion
Are the assets held in the best way to maximise the reliefs
Consider who is to have what and what is the best structure
Check existing trusts are fit for purpose
Get a power of attorney
Flexible Uses– Town & Country Planning (General Permitted
Development) (Amendment) (England) Order 2013
– TCP (GPD) Order 1995 Sch 2 Part 3 (Changes of Use)– Inserts new Class M
– Into force 30 May 2013
– Relates to:– Change of use of any building (or land within its
curtilage)
Permitted Development Changes
Flexible Uses (cont)
– Allows change:
– From: use as an agricultural building
– To: use within use classes A1 (shops) A2 (financial) A3 restaurants & cafes) B1 (business offices) B8 (storage) C1 (hotels) D2 (assembly / leisure)
– Can change between flexi uses
Permitted Development Changes
Flexible Uses (cont)– Main limitations:
– Building must have been solely in agri use since 3 July 2012; or
– If use began after 3 July 2012 must have been in agriuse for at least 10 years beforehand
– No more than 500sqm of floor space of buildings can benefit within an original agri unit
– Listed buildings– Extent: England only– Not curtilage*
Permitted Development Changes
Flexible Uses (cont)– Main limitations (cont):
– What is curtilage?
– The area of land (enclosed or not) immediately beside or around the building closely associated with and serving the purposes of the building
– If difficult to discern, an area immediately beside or around the building no larger than the floor space of the building
Permitted Development Changes
Flexible Uses (cont)– Conditions:– Whether on first or any subsequent change before
changing must either:– Submit info to LPA if cumulative floor space to change
< 150sqm; or if >150sqm– Apply for a determination whether LPA prior approval
necessary for impacts relating to:Transport / highwayNoiseContamination riskFlood risk
Permitted Development Changes
Flexible Uses (cont)– Conditions (cont):– Prior approval process
Submit info to LPA (description of proposals, plan, fee)LPA has to consult depending on why prior approval required (e.g. flood risk = EA)LPA must give consultees at least 21 daysLPA must erect site notice for at least 21 days and notify adjoining owner/occupiersLPA may ask for further reasonable infoLPA must have regard to the NPPF and Environmental Protection Act 1990 (if contamination issue)
Permitted Development Changes
Flexible Uses (cont)– Conditions (cont):
– When can you start?Written notice prior approval not neededWritten notice prior approval grantedExpiry of 56 days from date application received and no grant or refusal received
– What you build must be in accordance with approved or submitted info
Permitted Development Changes
Flexible Uses (cont)– Conditions (cont):
– Effect of a use change under Class M means the site will be classified with a sui generis use class (even if a clear B8 planning unit has formed through the nature and character of the ongoing use!)
– Other PD rules allowing the provision of a hard surface for parking use will apply (Sch 2 Pt 41 Class B)
Permitted Development Changes
Flexible Uses (cont)– Points to note:
– The 500sqm limitation relates to cumulative internal floor space. Note the use of “within” in the drafting and reference only to “building”. This leaves the curtilagefree for an ancillary use related to the new use (e.g. parking)
Permitted Development Changes
Flexible Uses (cont)– Points to note (cont):
– Curtilage is determined on a case by case basis and is a subjective concept. Beware of being liberal! BUT
– If curtilage difficult to discern, the floor area limit seems to be linked to the whole building not just the cumulative area of change
Permitted Development Changes
Flexible Uses (cont)– Points to note (cont):
– Prior approval process is planning permission by another means…but overstretched authorities scanning applications can validly do nothing and let the 56 day period expire
– Due to the use class of a site becoming sui generis you may subsequently need formal planning permission to move from it.
Permitted Development Changes
Under resourcedUnder financedIncreases in responsibility (Localism, Prior Approval)Targets to perform– Carrot driven (Target determination > grants)– Stick driven (Under performers > PINS)
Effect– Greater variability in efficiencies, competency, priorities
(e.g. policy) (LPA / officer)– Beware shortcuts (Comfort letters, UU over S106)
The state of local planning offices
Office (B1a) to residential (C3) PD rules. New Class J to Sch 2 Part 3
Temporary Use of Buildings PD rules. New Class D to Sch 2 Part 4.
Forthcoming PD proposals to allow barn conversions to resi (C3). An amendment order is expected in the next few weeks
Other noteworthy developments
