Agricultural Prior Notification: The 28 Day Notice for Farm Buildings

You need a new building. The council needs 28 days.

Most new farm buildings in England do not need a full planning application. Under Part 6 of the General Permitted Development Order, a farm can put up a building, a track or certain engineering works as permitted development. Before you start, you must tell the council and give it the chance to ask for more detail. This is the agricultural prior notification, often called the 28 day notice.

How the 28 day notice works

You apply to the council for a decision on whether prior approval is needed. The application includes a written description, the materials, a site plan and the fee. You can start work when one of 3 things happens:

1. the council tells you in writing that prior approval is not needed
2. the council says prior approval is needed within 28 days, and then grants it
3. 28 days pass from the date the council received your application with no decision

If prior approval is needed, you must put up a site notice for at least 21 days. Once approved, the work must be finished within 5 years.

The limits under Class A

Class A applies to agricultural units of 5 hectares or more. The main limits are:

• the building must be reasonably necessary for agriculture on the unit
• the ground area of a building erected, extended or altered must not exceed 1,500 square metres
• height no more than 12 metres, or 3 metres within 3 kilometres of an aerodrome
• no part within 25 metres of the metalled part of a trunk or classified road
• livestock buildings, slurry stores and similar must not be within 400 metres of a protected building, such as a neighbouring home

Smaller holdings of 0.4 to 5 hectares have narrower rights under Class B. Our agricultural permitted development guide covers both.

Has the council replied that prior approval is required? Read prior approval required: what happens next.

Where 28 day notices go wrong

Most problems come from the justification, not the building. If the council is not satisfied the building is needed for farming, it can ask for prior approval or treat the scheme as needing full planning. A notice that explains how your farm works, what the building is for and why it sits where it does gives the officer what they need to say yes.

Read more: Planning permission for a new barn: under or over 12 acres and Livestock buildings and the 400 metre test.

How Foxes Rural can help

Our agricultural planning consultants check your holding qualifies, set out why the building is needed, and prepare the drawings and statement. We submit the notice and deal with the council until you have the go ahead to build.