Eggs and poultry
Legislation in the eggs and poultry sector
Planning controls
All proposed developments need to be notified to the local planning authority either in the form of a planning application or, where this is not required, a prior notification.
Whether planning permission is required will depend on a variety of factors including local planning policies, special circumstances such as a proposal for development in a National Park, on a Site of Special Scientific Interest, an environmentally sensitive area or an archaeological site, and individual circumstances.
Given the complexity of the situation, farmers are strongly recommended to seek informal advice regarding the need for planning permission (and Environmental Assessment) before submitting a planning application or prior notification.
Statutory Instruments made under the Town and Country Planning Act of 1990, as amended, with implications for poultry producers include:
The Town and Country Planning (General Permitted Development) Order 1995
This Order sets out certain types of development which may be carried out on agricultural land without planning permission (permitted development).
It also identifies exceptions, where full planning permission is required. These include new livestock buildings, slurry storage and sewage sludge facilities and extensions, or alterations to existing structures, where the development is within 400m of any protected building such as a house or school. (Agricultural dwellings or buildings are not protected buildings). Full planning permission is also required for dwelling houses, or where the proposed development is close to a classified road, over a certain size or where there is a proposal to build on a holding or area of land less than a certain size.
For buildings, slurry stores and sewage sludge facilities which do not require planning permission, prior notification is required. The local planning authority must be notified of the proposed development. The authority will then decide whether the proposals are likely to have a significant impact on the surroundings. If so they may wish to approve details of the siting, design and external appearance of the proposed development. The development can proceed only after approval has been obtained.
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
Schedule 2 describes developments and applicable thresholds and criteria for which an Environmental Impact Assessment may be required. For intensive livestock installations, including poultry installations, the threshold is where the area of new floorspace exceeds 500 m2.
Implementing Authority: Local planning authority, for example Local Authority or National Park.
Source of Further Information: Local Planning Authority and ADAS.
Page last modified: 23 March 2006