Law & Land Autumn / Winter 2023: News Roundup

• Published date: 19 November 2023
• Subject Matter: Real Estate and Construction, Land Law & Agriculture
• Law Firm: Wright Hassall
• Author: Ms Alexandra Robinson

Biodiversity Net Gain delay

The legislation requiring developers to improve the biodiversity of most new developments (there are some exemptions) by a minimum of 10% was due to come into force in November 2023. The government has announced it plans to delay its introduction until January 2024, causing further uncertainty across both the development and the agricultural sectors, both of which rely on long-term planning.

Supporting the agricultural sector: Defra consultation

Defra has consulted on relaxing the Class Q planning permissions to enable easier conversion of agricultural buildings to residential. In a parallel consultation, covering changes to wider planning law, the Department for Levelling-up and Defra sought views on 'supporting the agricultural sector through additional flexibilities.' This included proposals to extend permitted development rights to a wider range of buildings that can be converted to flexible commercial use, such as those used for forestry, equestrian or other rural activity. It also proposed a more flexible interpretation of Use Class E (commercial, business and service) to include outdoor sports, recreation, and fitness (but not motorsports), and expanding the right to other uses, such as industrial for processing raw goods on site (but not livestock).

Elsewhere in the consultation, Defra sought views on planning issues relating to nature-based solutions designed to bolster biodiversity, farm efficiency projects such as slurry stores and crop irrigation reservoirs, and ways of diversifying farm incomes not already covered by permitted development rights. The consultation finished in September and the Government response is not expected until December.

Sustainable Farming Incentive update

After considerable delay, the government opened the application window for the Sustainable Farming Incentive (SFI) on 18 September, having published additional guidance for applicants in August. The launch was heralded with the news that 23 actions are now available with farmers able to choose the options that best suit their farming business. There is also more flexibility built into the offer, for instance, tenant farmers can now apply for shorter agreements without needing landlord permission. Payment rates have been improved, with parity...