A Rural Workers Dwelling is one of the few ways in which individual dwellings can be realised in the open countryside. Achieving permission for a rural workers dwelling is bases on the requirement that it is needed for a rural based enterprise.
National planning policy states that isolated homes in the countryside may be permitted in special circumstances, such as an essential need for a rural worker to live permanently at, or near their place of work.
This is also referred to as an Agricultural Workers Dwelling when it is required for the supervision of an agricultural business.
An Agricultural Workers Dwelling is one of the few ways in which individual dwellings can be realised in the open countryside.
Achieving permission for an agricultural workers dwelling is based on the requirement that it is needed for a farming or agriculture based enterprise. National planning policy states that isolated homes in the countryside may be permitted in special circumstances, such as an essential need for a farm worker to live permanently at, or near their place of work.
This is also referred to as a Rural Workers Dwelling when it is required for the supervision of a rural business or enterprise.
The National Planning Policy Framework expanded the agricultural worker use for such dwellings to now include all rural workers and rural businesses. We tend to refer to applications relating agriculture as an Agricultural Workers Dwelling and those relating to rural businesses as a Rural Workers Dwelling.
Planning officers have a ‘rule book’ that they need to follow. This is called planning policy. Other factors can influence a decision, but you need to start with your local planning policy. So, in effect you need to do your best to demonstrate to the Council, that your proposed development meets the policy.
There are two main themes that you have to meet:
1. Does it meet the policy ‘in principle’ – does it meet the tests and principle of having an agricultural or rural workers dwelling.
2. The practical planning considerations, for example, design, siting, highways, drainage etc
Take a look at this useful video on our YouTube channel How to get planning for an Agricultural or Rural Workers Dwelling
Paragraph 79 of the National Planning Policy Framework (NPPF)
‘To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.’
‘Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:
a. There is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside.
b. The development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets.
c. The development would re-use redundant or disused buildings and enhance its immediate setting.
d. The development would involve the subdivision of an existing residential building; or
e. the design is of exceptional quality, in that it, is truly outstanding, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.
Use this link to access the full version of the National Planning Policy Framework (NPPF)
Planning policy falls into a national and local context.
National planning policy has one test and that is ‘An essential need’.
Local planning policy varies from council to council. The most common and typical tests are:
a. Is there an essential need for you to be on site?
b. Is the business profitable and therefore likely to be long-term?
c. Is there a need for a full-time worker?
We recommend that you work with a planning consultant to work through these tests and demonstrate that you meet these planning ‘tests’.
This is also referred to as the essential need and is the single most important test when you are trying to get planning for a rural workers dwelling.
National policy and EVERY local policy will require for this test to be met.
You have to demonstrate that the business is financially sound, not a hobby, and that it will be in the long-term. The planners want to see that the business is viable.
This can be demonstrated through the following methods;
- For an existing or established business – by submitting copies of accounts
- For a new business – by preparing and submitting sensible forecast budgets
This is very much dependent on the local council. In some councils there will be a size limit.
For example, in South Worcestershire it is a maximum of 150m2 floorspace. So not footprint but floorspace so covering all storeys. This would be equivalent to a small 3-bedroom house.
There are options to justify the need for a larger house.
There isn't a single definition that everybody works from, but in essence the essential need relates to the points below;
- Essential to the proper functioning of the business
- For reasons of animal welfare, security of animals or other stock
- The need for close and continual supervision
- Out of 'normal hours' inspection, emergency responses or care
- Often 'live' things that are vulnerable
Typical agricultural activities (but by no means exhaustive) include;
- Calf rearing units (require high levels of stockmanship and living on site)
- Suckler cows and breeding ewes (calving and lambing requires more regular care and monitoring)
- Intensive Poultry and Pig farming
- Some plant production
The same tests apply for rural workers essential need as outlined below;
- Needs to be related to the land / rural in some way
- Needs to be a business and not a hobby
Typical rural activities (but by no means exhaustive) include;
- Game rearing
- Some equestrian properties. This can be difficult at times to justify but could include larger businesses such as racing yards, studs or larger liveries.
- Catteries and dog kennels
- Alpacas and/or lamas - generally this is too hobbiest to fulfil the criteria for an essential need. It needs to be a genuine long-term business.
- Farm parks
One of our top tips is to plan your accounts from the start to make sure that you achieve a profit by the end of your temporary permission. Accounts are generally prepared by an accountant to minimise your tax, so things such as depreciation are added in which will reduce your profits. Whilst this is good for tax purposes, it is bad for planning.
If you aren’t in profit by the end of your temporary permission, then you will be unable to get permission for a Permanent Rural Workers Dwelling.
The majority of local planning policies will require for this test to be met in order to meet the criteria for an agricultural or rural workers dwelling.
So, the essential need is for a full-time person in the business. There are different ways to demonstrate this. Using the John Nix Farm Management book for reference, you can use the ‘standard man day method’ to calculate your SMDs (Standard Man Days). You need to meet the test to demonstrate the need for a full-time worker.
Each local authority has their own planning policy, the tests will therefore vary according to the area you are in. Your best route would be to look up your local planning policy and if you can search for similar applications to yours within the area.
We have listed below some examples of criteria that you may find in planning policy.
- There must be no other locally available dwellings that could fulfil the need
- There must be no other buildings available for conversion
- The proposed building must be commensurate in size with the enterprise
- The proposed dwelling must be located within or adjacent to the farm building complex
There are several alternatives to consider:
Is it possible to use permitted development rights for the residential conversion of an existing farm building? If that is not the case then obtaining planning consent for a new build dwelling, whilst difficult, may be possible where the established criteria to justify an agricultural worker dwelling can be met.
The new National Planning Policy Framework (NPPF) that was published on 24 July 2018 addresses this opportunity by supporting new farm dwellings when the majority control of a farming businesses is being transferred to the next generation.
National planning policy has stated for some time that one of the special circumstances for granting permission for dwellings in the countryside is when there is an essential need for a rural worker to live permanently at or near place their place of work. Where an essential need exists, planning authorities also assess whether the need for a worker to live at their place of work could be met by any existing suitable and available dwelling.
There is also established case law that says that a retiring farmer should not be expected to vacate their home to make way for an incoming worker. However, many farmers will have faced resistance from local planning authorities for second dwellings because the authority has, incorrectly, concluded that the existing dwelling is available to meet the needs of the business.
To apply for a Permanent Rural Workers Dwelling you must be able to demonstrate that your business is profitable and is likely to be in the long term. Therefore, if you have an established business, that has 3 years + of accounts then you could potentially go straight for a permanent dwelling planning application.
If your business is new and cannot yet demonstrate profitability, then you need to show budgets that demonstrate this is planned on a sound financial basis and go for a temporary dwelling first. You could do this for say 3 years whilst you build a profitable business.
Then, once this is established, you can come back in 3 years’ time and apply for a permanent dwelling.
The simple answer is not very easily. With arable farms, whilst it is convenient to live on the farm it is more difficult to argue an essential need to live on the farm.
This is similar with a small scale store cattle rearing business. It is possible for you to check the cattle say twice and day and not need to live near them.
If you are successful in achieving permission for a Permanent Agricultural or Rural Workers Dwelling then the LPA will want to put on an occupancy condition which is attached to the planning approval.
The occupancy condition will be along the lines that the person occupying the house must be employed in agriculture or the rural business associated with the permission.
Whilst this will probably suit you whilst working and running the business, it is important to remember that this reduces the value of the property by 25% to 35% and makes mortgages etc more difficult to obtain.
A section 106 whilst less common, is a legal agreement which either backs up the condition or in some instances ties land to the dwelling. We would advise that you try to avoid these conditions where at all possible.
We suggest that you allow at least 6 months for this process. This timescale is also dependent on you providing the information as well as the planning process.
Following submission, allow 8 to 12 weeks for the council to make their decision. Should you go to appeal you could add an additional 6 to 9 months to this.
The planning application will be made up of a number of documents such as;
- Planning application forms
- Block Plan
- Location Plan
- Elevation and Floor Plans
- Design and Access Statement
- Water Management and Drainage Statement
- Technical supporting surveys e.g. ecological, transport etc
- Business justification statement
- Supporting information including accounts and contracts etc
If you don't think you will be able to get permission for a Rural Workers Dwelling, or you have decided this journey is not for you, then there are other options on the farm to achieve a dwelling.
Call us for further advice but below are a few examples;
- Barn Conversion, including use of Class Q
- Class Q upgrade
- A mobile home in the curtilage of the main house
- A large extension to, or splitting the main house.
We have put together a range of webinars and videos which you may find useful. These can be found on The Rural Planning Co YouTube Channel.
You are allowed to stay in the temporary dwelling whilst you are building the permanent dwelling.
Once this is built then in theory you must then remove the permanent dwelling. This is the case unless you then get permission to change the use of the temporary dwelling, for example to a holiday let etc.
Find your local councils website (this is normally who you pay tax to) and then find the Planning and Building section. In this you will find the Planning Policy and the Adopted Local Plan. In here you will be able to search for the planning policy for your local area.
To help you we have included a link below for Cheshire East local planning policy.
