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Agriculture is essential to rural communities, the rural economy and the environment. Around70,000 people in Scotland are directly employed in agriculture, with significant numbers employedindirectly in downstream and ancillary industries.

Despite high levels of Government support, farming incomes have been badly depressed inrecent years. Many farmers are therefore looking atnew ways to generate income outwith mainstreamagricultural activity. Although diversification will notbe practicable for every farmer, well planned andreasoned projects can create new sources of incomefor farmers, and can enhance the range of facilitiesavailable in our rural areas.

Your land and buildings are assets that can be used to supplement your income from farming.Many farmers have already found success bydiversifying into alternative enterprises to mainstream agriculture. Some farmers have allowed others to use buildings or land to bring new enterprises onto the farm.

In some cases planning permission will be requiredfor a farm diversification project. This bookletexplains the process you should go through if youwant to diversify your farm business, and highlightssome examples of recently successful projects.

Introduction

The Scottish Executive iscommitted to a developingand thriving rural economythat sustains communitiesand takes proper care ofthe environment. Theplanning system has animportant part to play inthis. The relationshipbetween town and countryis changing and moderntechnology is allowing newtypes of work to locate inrural areas. Planningpolicies for rural areasshould enable them todevelop and thrive withoutdamaging environmentalquality. National PlanningPolicy Guideline 15 onrural developmentencourages planningauthorities and otherorganisations to adopt amore positive andproactive approach toproviding developmentopportunities.

Our Vision

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Do I Need Planning Permission?

Most activities connected with mainstreamfarming and forestry do not need planningpermission. However, if you propose to develop aproject outwith mainstream farming the possibleneed for planning permission has to be examinedcarefully.

If you propose to alter the appearance of anexisting building substantially, convert a buildingto a different use, develop a new building for ause not classed as agriculture or forestry orconstruct a new access or car park then you willgenerally need planning permission. Planningpermission is also necessary for any largeragricultural buildings either over 465 squaremetres or 12 metres in height and any building forthe keeping of livestock for non-agriculturalpurposes, such as horses. Planning permission isnormally not required if you are planting woodlandor changing crops or livestock.

It is always worth checking first with yourplanning authority even if you think that yourproposed project does not need planningpermission. You can phone them for informaladvice, but you need to obtain confirmation inwriting before taking any positive action based onsuch advice. If you go ahead without thenecessary planning permission your planningauthority could take enforcement action againstyou, which could require you to stop an activity ordemolish a new building.

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The Town and Country Planning (GeneralPermitted Development Order) (Scotland) 1992Class 18 allows a wide range of agricultural andforestry developments to proceed without theneed for a full planning application. Sometemporary uses of land are also permitted if theyrun for no more than 28 days in a year.

Most typical building, excavation and engineeringoperations for the purpose of farming or forestryare permitted development. But there areexceptions where planning permission is needed,such as development of livestock, sewage orslurry structures within 400 metres of a buildingnormally occupied by persons not involved infarming, or development within 25 metres of atrunk road. Your planning authority can tell youwhat is, or is not, permitted development.

Whether or notplanning permission isrequired, carefulconsideration shouldalways be given to thesiting and design ofany new development.Advice on siting anddesign can beobtained from yourplanning authority.

Permitted Development

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In 1992, because of concerns about the environmentalimpact of some substantial new buildings in rural areas,additional referral arrangements for farming and forestrybuildings were introduced.

The planning authority has to be informed about theerection of any new agricultural or forestry buildings,significant extensions or alterations to existing buildingsand the alteration of a farm or forestry track. This is not aplanning application, although there is a fee, currently £42.

Prior Notification

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The purpose of the referral is to allow the environmentalimpacts to be considered and to ask for any changes insiting and design to be made. The authority has 28 daysto decide whether to then ask for full details to besubmitted for prior approval of the siting, design, externalappearance and means of construction. This is requiredonly if the authority considers that the proposal is likelyto have a significant impact on its surroundings. Mostnotified proposals do not have such an impact and willbe allowed without further details having to be submitted.

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Environmental Designations

Your permitted development rights may berestricted if your farm is situated in or nearan environmentally designated area such asa Special Protection Area (SPA) and SpecialArea of Conservation (SAC), or within aNational Scenic Area (NSA) or Site of SpecialScientific Interest (SSSI). You should ask theplanning authority or Scottish NaturalHeritage whether there are any specialdesignations affecting your proposed siteand the implications for your application.

Designation as an Environmentally SensitiveArea (ESA) does not bring with it any specialstatus within the planning system, such asrestricting permitted development rights.

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Historic Environment

Some farm buildings are also listed buildings ofspecial architectural or historic interest whichmust not be demolished or altered in any waywithout the consent of the planning authority. In avery few cases, farm land may fall within aconservation area which is designated for itshistoric interest. Permitted development rights arerestricted in such areas.

Steading conversion, East Lothian

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Conversion of redundant farm buildings

Conversion of redundant farm buildings to uses otherthan agriculture, for example accommodation for let orprivate use, workshops, offices or sport and recreationfacilities will require planning permission even if thereare no structural alterations. Planning authorities willgenerally be more in favour of projects that useredundant buildings instead of developing new ones.

Popular Types of New DevelopmentNeeding Planning Permission

Bunkhouse, Perthshire

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New houses

Planning permission is required for all new housing. Buildingnew houses for sale on a farm may not be seen asdiversification by your planning authority. Nevertheless, it isone way in which you may be able to realise part of the valueof your land. The development plan should indicate wherehousing is possible. You can view the development plan andask questions about it at your planning authority. Particularregard should be given to the siting and design of newhousing in the countryside, andadvice is contained in ourPlanning Advice Note 36.Many planning authorities willoppose new housing in thecountryside unless it isneeded in connection withagriculture, forestry orother established ruralbusinesses. Otherplanning authorities,particularly those inremote rural areas,may be moresupportive of newhousing, especiallyproposals intendedto meet localneeds.

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Tourist accommodation

The use of farmhouses for ‘Bed andBreakfast’ accommodation will only needplanning permission if the main use of thehouse is no longer as a family dwelling.Development of self-catering accommodation,hostels, bunkhouses or chalets will usuallyrequire planning permission.

Restaurant and accomodation, Stirlingshire

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Visitor facilities

Tearooms, restaurants,riding schools, pony-trekking centres, off-roaddriving centres and wargame centres are likely torequire planningpermission. Diversifying intoproviding small scaleeducational facilities, suchas demonstrating farm jobsor providing facilities forbird and wildlife watchingare less likely to requireconsent. The mainconsiderations in assessingany visitor facilities will bethe size and design ofbuildings, the amount oftraffic generated, thestandard of the road accessand exits from your farm,the design of the parkingfacilities and any otherenvironmental impacts.

Horse trials, Midlothian

Fishing ponds, Aberdeenshire 11

Food processing

The need for planning permission usually depends on the scaleof the operation. Small processing operations, ancillary to thefarm use, will not need planning permission. However, foodprocessing operations that require raw produce to be broughtonto the farm for processing, packaging and onward distributionto retailers, or which generate large volumes of traffic,particularly on to a busy road, will require planning permission.

Visitor attraction, West Lothian

Golf facilities

Some farmers have used low quality agricultural land to developgolf course or golf driving ranges. These golf facilities willrequire planning permission.

Golf course, East Lothian

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Pick your own

The need for planning permission depends on the scaleof the operation and the volume and type of trafficgenerated.

Caravan and camping

If you propose to locate caravans on your farm you should contact your council. Certain permitteddevelopment rights are given particularly if you have asite certified by an organisation such as the CaravanClub. In most other casesplanning permission will beneeded for caravans.

Farm shops

If a farm shop is ancillaryto the farm and is in anexisting building, planningpermission is not normallyrequired. However, if asignificant percentage ofthe goods sold arebrought in for sale fromoutside the farm thenplanning permission will berequired. The planningauthority’s mainconsideration is likely tobe the nature and scale of the shopping activitytogether with the amountof traffic it will generate.

Farm shop, Perthshire

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Preparing for Diversification

Consider your options

A wide variety of successful diversificationprojects have already taken place on many farmsacross Scotland. This has accelerated in recentyears. There is now an abundance of experiencewhich can be shared to increase understanding.Speaking to farmers who have already diversifiedwill help you decide whether your business ideacould succeed. They will have valuableexperience and be able to inform you of the localmarket conditions, the skills and resourcesrequired and the actions you need to take tomake your business idea a reality. It is alwaysworth making a visit to see first hand how othershave successfully diversified.

Scientific, technical, business, environmental andconservation advice can be obtained from yournearest Scottish Agricultural College (SAC) office.SAC maintains a Farm Diversification Databaseon alternative enterprises, which can give yousome ideas and general information to help youmake an informed decision.

Local tourist boards and local enterprisecompanies may also be able to assist you withinformation, for example visitor numbers, localstrategies and priorities in your area.

A list of useful websites, addresses and phonenumbers is provided at the back.

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Business viability

Before spending money on submitting a planning applicationyou should consider the business requirements. A businessplan is the standard means of deciding whether yourproposals are financially viable. Although a business plan isnot essential, most banks, building societies or fundingorganisations will ask for a plan if they are to lend you moneyor pay grants. Your local enterprise company will be able togive advice on preparing a business plan. They also haveextensive local knowledge and business expertise and canoffer a wide range of business development and trainingservices.

Available financial support

The Scottish Executive Environment & Rural AffairsDepartment (SEERAD) can provide financial support todiversification projects as part of separate schemes for theHighlands & Islands (which includes European Unionresources) and lowland Scotland. The Agricultural BusinessDevelopment Scheme (ABDS) and the Farm BusinessDevelopment Scheme (FBDS) fall within the scope of theEuropean Union Rural Development Regulation.

Farm shop, gallery and tea room, Perthshire

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The purpose of the Schemes is to providefinancial support to farming families to developnew enterprises or to support the expansion of anexisting diversified activity. Activities eligible forgrant assistance include the provision of facilitiesfor tourism, leisure and recreation, alternativeagriculture, residential letting and rural services.Assistance with associated training and marketingis also available. Both Schemes are competitiveand discretionary, application is not guarantee ofsuccess. For further information contact SEERADon 0131 244 6167.

The Agriculture Processing & Marketing GrantScheme can provide assistance to a wide rangeof applicants including individuals, partnerships,groups of producers and private or publiccompanies that process or market primaryagricultural produce. Separate schemes operatein the Highlands and Islands and lowlandScotland with maximum rates of public assistanceup to 50% in the Highlands and Islands and 40%in Lowland Scotland. The priorities for assistanceunder both schemes are in the main projectswhich add value, involve collaboration anddevelop new products and markets. The principalpriority of the scheme is to ensure that tangiblelasting benefits accrue to the primary agriculturesector. For further information contact SEERADon 0131 244 6253.

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The Rural Stewardship Scheme is the main plankin Scotland's agri-environment programme. Ithelps promote a viable and environmentallyfriendly farming industry by providing financialsupport for farming methods that protect andenhance Scotland's landscape, habitats, wildlifeand historic environment.

In addition to SEERAD, advice on grant aid isavailable to farmers from the Scottish AgriculturalCollege. SAC advisers are familiar with all grantschemes available to Scottish farmers and will bepleased to assist you in completing grant schemeapplications and assessing the impact on yourbusiness. You can also contact FWAG Scotland(Farming and Wildlife Advisory Group) for expertand up-to-date conservation advice and guidanceon grant aid.

Boarding kennels and cattery,Aberdeenshire

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At an early stage your planning authority will beable to provide general advice. They will also beable to tell you where you can view and askquestions about the development plan for yourarea. Development plans are the basis fordecisions on planning applications and will tellyou about:

• policies for development allowed in thecountryside;

• what land is designated as greenbelt orprotected in some way because of its natureconservation or landscape quality;

• what the planning authority’s policies are onindividual topics such as farm diversification,economic development, tourism, ruralhousing, recreation or retailing; and

• development projects or proposals likely toaffect your property.

Preparing your Planning Application

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Conforming to the development plan and listeningto advice from the planning authority whendesigning your project will increase the likelihoodof success. Some planning authorities havesupplementary guidance notes that may also beof assistance to you. Discussing your proposalwith your planning authority before submitting anapplication can save time and prevent difficultieslater on. These discussions are free.

There are obvious financial advantages inpreparing an application yourself. However, it maybe beneficial to get some help from professionaladvisers such as planning or agriculturalconsultants, architects, surveyors or solicitors.

You should try to have in mind, when preparingyour planning application, what sort of things theplanning authority will be concerned about. Clearlythe larger and more complex the application themore thought you need to put into it, although, onthe whole, preparing a planning application shouldbe relatively straightforward. It is worthwhilehowever speaking to planning staff using thefollowing general checklists if you are in any doubt.

When designing any diversification project youshould consider the following:

• your local community, particularly yourneighbours;

• landscape, wildlife habitats and historicfeatures; and

• traffic, water, sewage, noise and pollutionimpacts.

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Farm visitor centre, Morayshire

Bird watching, Islay

Wind farm, Novar,Highland

Steading conversion, West Lothian

Business centre, near Edinburgh

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Your planning authority will normally consult other organisations when considering theapplication. In some instances, they may advise you to consult one or more of these organisations before making an application. This can save time by resolving sensitive issues early on. This is particularly valuable when an application:

• raises potential sewage, water or floodingissues;

• affects a historic structure or its setting;

• lies within an environmental designation; or

• is likely to affect road safety.

You should concentrate on the positive aspects of your development that will favour permissionbeing granted. For example:

• careful siting in the landscape;

• good architectural design and use ofmaterials;

• reference to vernacular and local character;

• reuse of derelict buildings;

• improved public access;

• creating or enhancing natural habitats,perhaps by planting woodland or creatingwetland;

• providing new or alternative employment; and

• community benefits.

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Who can apply?

Anyone can apply for planning permission,whether or not they own property or land.However, if you are not the owner, or only havepart ownership of your land, you will have toinform the owner or other part owners.Agricultural tenants must always be informed.

The planning application

The planning authority will provide the appropriateform and information on the fee required, which isnot refunded if planning permission is refused orthe application withdrawn.

You can apply for outline or full planningpermission, you will need to decide which isappropriate for you. In most cases a fullapplication will be the most appropriate.

How to Apply

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You can get advice from your local planningauthority on the level of detail needed in drawingsfor a full application.

An outline application will establish in principlewhether a development is acceptable. The planfor an outline application simply needs to showthe location and boundary of the application site.This will allow you to know if you will get planningpermission, without going to the expense ofpreparing detailed drawings. Once outlinepermission is granted you will have to submitanother application for approval of the details,known as ‘reserved matters’. Submitting a fullplanning application from the outset will save timeand money since a further application for reservedmatters is not needed.

Neighbour notification

You will need to serve a notice on adjoiningneighbours, along with a copy of your planningapplication before you submit your application tothe planning authority. You must include acertificate with your planning applicationconfirming that you have notified all yourneighbours. Your planning authority will give youadvice on who are classed as your neighboursand what to do when you cannot identify anowner or occupier.

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What to send to the planning authority

This is clearly and simply set out in most planningapplication forms. You should send the followingto the planning authority.

• Up to 4 copies of the application form andplans.

• A certificate confirming that you have notifiedthe neighbours of your application.

• A certificate confirming that you are thelandowner or that you have informed thelandowner or a leaseholder with at least7 years of a lease to run.

• A certificate confirming that you have notifiedany agricultural tenant of the application.

• The fee. The size of the fee is dependent onthe type of applicatuion and scale of thedevelopment. Applications to develop orconvert a building for one housing unit willnormally be £210. Your planning authority willtell you the necessary fee.

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The decision process

The planning authority normally makes a decisionwithin 2 months; although decisions oncomplicated and controversial applications cantake longer. The decision should be made in linewith the council’s development plan unlessmaterial considerations suggest otherwise. A ‘material consideration’ is a planning matterwhich is relevant to the application. This caninclude national planning policy considerations,comments by the public, organisations or peopleconsulted, the design of the proposeddevelopment, vehicle access or the impact on theenvironment. The planning authority will decidehow important these material considerations are.

Planning decisions on minor or straightforwardapplications are normally delegated to planningofficials. The planning committee, which is madeup of elected councillors, decides more significantor controversial applications.

The planning authority can:

• grant permission without conditions;

• grant permission with conditions; or

• refuse permission.

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If you are refused permission you should talkagain with the planning authority since changes to your proposal may overcome any objections.There is normally no additional fee to pay if youreapply within 12 months of the decision with aproposal on the same site that haschanged only marginally. You also havethe right to appeal the decision andany conditions to the ScottishMinisters. Appeals should besubmitted to our Inquiry Reporter’sUnit. You must make your appealwithin six months of the planningauthority’s decision.

Other Consents

You may well need other consentsdepending on the nature of the project, forexample a building warrant or road constructionconsent. Your local council can give you adviceon what is needed. See the annex for furtherinformation.

What if I am Refused Permission orDon’t Like the Conditions Imposed?

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Where Can I Find More Information?

Scottish Executive

You can write to us about planning matters at Planning Division,Victoria Quay, Edinburgh, EH6 6QQ.

For help over the telephone about planning in Scotland, call 0345 741 741 Monday to Friday, 9am to 5pm, and ask for theplanning helpline. Your call will be charged at the local rate.

Our planning website gives details of planning legislation,National Planning Policy Guidelines (including NPPG 15Rural Development), Planning Advice Notes, and informationon performance and good practice by planning authorities.www.scotland.gov.uk/planning

For information about appeals, please contact our InquiryReporters Unit: SEIRU, 2 Greenside Lane, Edinburgh, EH1 3AG.Telephone 0131 244 5649.

Information on new SEERAD schemes can be obtained from theDepartment’s HQ in Edinburgh. You can telephone 0131 244 6171,or write to SEERAD, Room 257, Pentland House, 47 Robbs Loan,Edinburgh, EH14 1TY.

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Local Enterprise Company

Your local enterprise company will be able to give you adviceon developing your business package. Their telephonenumbers are in the Phone Book, alternatively you can contact:

Scottish Enterprise5 Atlantic Quay, 150 Broomielaw, Glasgow, G2 8LU. Telephone 0141 248 2700. www.scottish-enterprise.com

Highlands & Islands Enterprise Cowan House, Inverness Retail and Business Park, Inverness,IV2 7GF. Telephone 01463 234 171. www.hie.co.uk

Scottish Agricultural College

Can give advice on agriculture, rural development andconservation. For your nearest SAC office (see local PhoneBook) or telephone 0131 535 4192.www.sac.ac.uk/diversification

FWAG Scotland

The Rural Centre, Ingliston, Midlothian, EH28 8NZ. Telephone 0131 472 4080. www.fwag.org.uk

Historic Scotland

Can give advice on listed buildings and ancient monuments.Historic Scotland, Longmore House, Salisbury Place,Edinburgh, EH9 1SH. Telephone 0131 668 8777. www.historic-scotland.gov.uk

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Scottish Natural HeritageCan give information on the natural heritage and grants forinterpretation: SNH, 12 Hope Terrace, Edinburgh, EH9 2AS.Telephone 0131 447 4784. www.snh.org.uk

Planning Aid for Scotland

A charity offering advice and support on planning forindividuals and groups: PAS, Bonnington Mill, 72 NewhavenRoad, Edinburgh, EH6 5QG. Telephone 0131 555 1565. www.planning-aid-scotland.org.uk

Royal Town Planning Institute in Scotland

The professional organisation of town planners: RTPI, 57 Melville Street, Edinburgh, EH3 7HL.Telephone 0131 226 1959. www.rtpi.org.uk

Royal Institution of Chartered Surveyors in Scotland

Can suggest appropriate chartered surveyors:9 Manor Place, Edinburgh, EH3 7DN.Telephone 0131 225 7078. www.rics.org.uk

Royal Incorporation of Architects in Scotland

Can suggest appropriate architects: 15 Rutland Square,Edinburgh, EH1 2BE. Telephone 0131 229 7545.www.rias.org.uk

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Building Control

Any alteration to a building or change of use of afarm building to another purpose will need abuilding warrant. Advice is available from your localcouncil’s building control office.

You should complete and return to your localcouncil an application for a certificate ofcompletion, together with a certificate ofcompliance for the electrical installation whereappropriate when the warrant work is complete.Some grants available to farmers for diversificationprojects will only be paid once these certificateshave been obtained.

Road Consent

Road construction consent is needed for theconstruction of a new road, extension of an existingroad or alteration to your access. Your local roadsauthority can advise you when road constructionconsent is needed.

Advertisement

Your planning authority will advise you whether anapplication for advertisement consent is needed ornot. It is usually illegal to display any advertisementon a road and in some cases on land adjoining theroad without the consent of the roads authority.

Annex - Other Consents

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Scheduled monument consentAny works that affect a scheduled monumentwill need scheduled monument consent. Ifyou propose to carry out works to or near ascheduled monument you must contactHistoric Scotland.

Listed Building consent

If you propose to demolish or alter a listedbuilding you must first obtain listed buildingconsent. Applications for consent must bemade to your planning authority.

Caravan sites

Land cannot be used as a caravan sitewithout a site licence. Your local council canissue a site licence. The council can adviseyou of the limited circumstances where a sitelicence is not required.

Pollution

If you propose to discharge substances intothe air, land or water or affect the drainage ofland in your area you may need a licence fromthe Scottish Environment Protection Agency(SEPA).

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Health and Safety

If you will be handling food in a farm shop,restaurant or processing operation you shouldcontact the environmental health service of yourcouncil. There are also safety requirements thatmust be kept if large numbers of people are likely tovisit your farm. Advice is available from the Healthand Safety Executive.

Public Utilities

The adequacy of public electricity, water andsewage supplies must be checked with theappropriate organisation if you intend to connect tothem. If you intend to use local arrangements suchas springs and wells or septic tanks and soak-aways you will need to satisfy the requirements ofyour council’s building control service and possiblySEPA.

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The address of your localplanning department is:

Astron B30116 3/03

A G

uide to

Farm D

iversification and

Planning

Perm

ission

inS

cotland

ISBN 0 7559 0804 X