En-Plan have secured Prior Approval for new agricultural development at Whittington Wharf in Oswestry, Shropshire.

Introduction and Planning Policy Context

An important elemnt of rural planning is the Agricultural Prior Approval process in the UK allows farmers and landowners to undertake certain types of development without needing full planning permission, provided they meet specific criteria. This process falls under Permitted Development Rights (PDRs) and applies to developments such as agricultural buildings, extensions, and changes of use.

Key Aspects of Agricultural Prior Approval

1. When is Prior Approval Needed?Prior approval is required for certain permitted developments under Part 6 of the Town and Country Planning (General Permitted Development) Order 2015. These include:

   • The construction, extension, or alteration of agricultural buildings.

   • The conversion of agricultural buildings into dwellings (under Class Q).

   • Development related to private ways (tracks) on farms.

   • Installation of drainage or waste facilities.

2. Eligibility Criteria for Permitted Development

   • The land must be at least 5 hectares (or 1 hectare for smaller holdings under specific rules).

   • The proposed development must be reasonably necessary for agriculture.

   • The site must not be near protected areas (e.g., conservation zones, AONBs, or National Parks).

   • The building must be used solely for agricultural purposes.

3. Submitting a Prior Approval Application

   • A notification is submitted to the local planning authority (LPA), outlining the location, size, and purpose of the development.

   • The LPA assesses factors like siting, design, external appearance, and environmental impact.

   • A decision is usually made within 28 to 56 days.

4. Possible Outcomes

   • Approved – If the LPA has no objections, the development can proceed.

   • Further Information Requested – If more details are needed, the LPA may extend the process.

   • Refused – If the proposal does not meet permitted development criteria, full planning permission may be required.

5. Conditions & Restrictions

   • The building must remain in agricultural use for at least 10 years.

   • There are limits on height, floor space (up to 1,000 sqm), and proximity to roads.

   • If converting to a dwelling, the number of homes allowed is restricted.

   • 
     

Why Use Prior Approval?

• Faster than full planning permission.

• Lower costs and fewer legal hurdles.

• More flexibility for farmers to expand or adapt operations.

Planning application 23/04968/AGR Steel Portal Frame Agricultural Storage Building Wee Dram Maestermyn Marina Welsh Frankton Shropshire SY11 4NU

Location Plan for the Agricultural Prior Approval Application.

Approved elevations for the new agricultural building.

Site Plan showing the approved agricultural building.

The Planning Assessment

A Planning Application was made under the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. Development of this nature falls under the above Order, Schedule 2, Part 6, Class A - agricultural development on units of 5 hectares or more. This application was subsequently submitted to Shropshire County Council for consideration.

This application complies with the criteria set by Part 6, Class A of The Town and

Country Planning (General Permitted Development) (England) Order 2015 (as

amended). Part 6 - Class A (A)

Whether the proposed development constitutes permitted development and

agricultural justification for the works. The farm land serving Wee Dram has been in operation for the purposes of an agricultural business for over 100 years and the agricultural unit is over 5Ha. The proposed building and its purpose are required to support an existing

agricultural business and thus it is considered reasonably necessary to ensure the

economic viability of the farming enterprise. In view of the above it was considered

the scheme as proposed meets the criteria set out in Schedule 2, Part 6, Class A of

the Town and Country Planning (General Permitted Development) (England), Order

2015 and therefore constitutes permitted development.

The proposal is also located in an agricultural area between 2 existing agricultural

buildings; a building in the applicants ownership to the south and a larger building

to the north on neighbouring land adjacent to the canal. Therefore the building will

be obscured from view from both the highway to the south and the canal to the

north. It is therefore considered that the building would not be deemed as being

inappropriate development in this location and would not cause demonstrable harm

to the rural character of the area, and is in line with rural planning guidance. En-Plan used digital mapping and architectural visulaisation to demonstrate the limited impact of the proposal.

Shropshire Council Planning Department considered that prior approval is not required as in terms of its size, location, height and intended use, the proposed building satisfies the

criteria set out in Schedule 2, Part 6, Class A of the Town and Country Planning

(General Permitted Development) (England), Order 2015 and therefore constitutes

permitted development

Further Planning Support at Maestermyn Marina

En-Plan have also workd with the onwers of Maestermyn Marina on gthe following projects where we have utilised our Planning Consultancy and Architectural Services to great effect:

21/05525/FUL | Erection of a commercial building (canal boat workshop) | Maestermyn Marina Ltd Maestermyn Marina Welsh Frankton Oswestry Shropshire SY11 4NU and Policy

Shropshire Planning Policy CS13 ‘Economic Development, Enterprise and Employment’ of the Shropshire Core Strategy supports enterprise and seeks to deliver sustainable economic growth and prosperous communities. The proposal will benefit economic development and will see the extension of the existing Whittington Wharf Narrowboats LTD. This is reiterated in policy MD4 of the SAMDev Plan which indicates that employment

land and development will be delivered by permitting proposals that are

sustainable. The proposal is located adjacent to the existing business premises

and the canal. The National Planning Policy Framework (NPPF) allows for a

presumption in favour of sustainable development and Chapter 6 looks to build a

22/03037/DIS | Discharge of Conditions 3 (Details of works adj to canal) and 4 (External materials) relating to Planning Permisison 21/05525/FUL

As part of this discharge of planning conditons application the Canals and River Trust reviewed the details submitted for works to be carried out adjacent to the Llangollen Canal during construction and have no further comments to make at this time. As part of the approval the applicant /developer is requested to contact the Trust’s Infrastructure Services so that the works comply with the Canal & River Trust “Code of Practice for Works affecting the Canal & River Trust”.