Planning & Diversification

The increasing efficiency of agricultural production and changes to agricultural policy in recent times have meant that the need to retain as much land as possible in agricultural production no longer has the same priority

Landowners must also consider potential areas of non-agricultural use in an effort to maximise income and capital growth opportunities. We are able to assist with the planning requirements and advise on the legal and taxation implications.

In relation to the planning aspects, our team can carry out site appraisals, submit planning applications and pursue planning approvals and allocations through Local Plans.

At all times, we will advise on the likelihood of success in a planning application, the best method of promoting it and the criteria to be satisfied when submitting it.

Particularly relevant to the alternative use of agricultural land is advice on:

• Residential and commercial development.
• Mineral extraction.
• Re-using and adapting redundant rural buildings for new uses.
• The need for agricultural workers’ dwellings.

Where diversification involves the letting of part of the farmland or buildings, we will advise on the appropriate method of proceeding. This may be the creation of a minerals lease which involves the preparation of documentation to control the exploitation of valuable deposits under the land.

It is essential that the landowner ensures that maximum value is obtained from the lease and that tax implications are considered. Where lettings create potentially secure tenancies, we will advise the landowner and, if he so requires, ensure that the relevant statutory provisions are excluded.

We will also advise on the potential pitfalls associated with splitting the land from the house as well as diversification.

Regarding the income generated from the installation of telecoms masts on agricultural land, we can advise the landowner on the important matter of dealing correctly with any agreed limitations on the type and amount of equipment which can be installed and on the right of the telecoms operator to sublet or share use of the site with others.