Permitted Development and impacts on Special Areas of Conservation
Permitted development rights allow individuals and developers to make certain changes to buildings or land without the need to apply for, and obtain, planning permission from the Local Planning Authority. Most Permitted development rights are subject to certain conditions and limitations and in some instances can be withdrawn. Development that may be otherwise covered by Permitted development rights may also be restricted in certain protected areas (for example, National Parks and conservation areas) and for listed buildings. It is always advisable to seek advice before carrying out any works that you consider may be permitted development.
The Conservation of Habitats & Species Regulations 2017 (as amended) impose a condition on development proposals which comprise permitted development such that development that is likely to have a significant effect on a Special Area of Conservation must not commence until the Local Planning Authority has given written approval.
This can relate to any impacts on the designated features of Special Areas of Conservation but is of particular relevance to permitted developments within nutrient-sensitive Special Areas of Conservation catchments that involve additional nutrients or new/additional foul drainage flows. In the Brecon Beacons National Park these include the River Usk, Wye and Tywi catchments. This includes, but is not limited to:
- Agricultural developments
- “28-day rule” and certified caravan and camping sites.
- Temporary use of land for e.g. events, festivals and car parks
Further information on the locations and designated features of Special Areas of Conservation is available from DataMapWales and Natural Resources Wales:
Special Areas of Conservation ( Special Areas of Conservation ) | DataMapWales
Natural Resources Wales / Find protected areas of land and sea
Agricultural Development
Permitted development means that if your farm is 5 hectares or more, you have the right to:
- Erect, extend or alter an (unlisted) building
- Carry out excavations and engineering operations needed for agricultural purposes, though you may still require approval for certain details of the development
You must notify the Authority of your intention to utilise your permitted development rights to determine whether Prior Approval is required or not.
Natural Resources Wales (Natural Resources Wales) have advised all Local Planning Authorities in Wales that the types of agricultural development that may have a Likely Significant Effect on a nutrient-sensitive catchment include:
- Livestock housing – any proposals where there is a change in type of livestock or an increase in numbers
- Facilities and buildings for treatment of livestock manure, slurries and other organic manures e.g., anaerobic digestion or composting
- New or substantially altered manure / slurry store – all manure types including other ‘organic manures’ for example digestate or compost
- Silage clamps and associated infrastructure to contain high nutrient content effluent
- Farm constructed wetlands
- Horticultural development, including packhouses and polytunnels
- Livestock handling facilities
You are likely to require prior written approval or full planning permission for all these types of development where they are located within a nutrient-sensitive catchment.
For further information on agricultural developments and permitted development, please see the Natural Resources Wales guidance: https://naturalresources.wales/guidance-and-advice/business-sectors/planning-and-development/our-role-in-planning-and-development/advice-to-planning-authorities-for-planning-applications-affecting-phosphorus-sensitive-river-special-areas-of-conservation/?lang=en
The 28 Day Rule and Certificated Caravan and Camping sites
The 28 Day Rule allows a landowner to use land for tented camping only without formal planning permission for 28 days in a calendar year. The 28 days do not need to be consecutive.
A camping or touring caravan exemption certificate allows a recreational organisation to camp or caravan on land without a site licence or the need to apply for planning permission.
There are restrictions as to what is permitted under planning regulation for the 28 Day Rule and certificated caravan and camping sites. It does not allow for the construction or installation of other infrastructure, such as toilet blocks. If you have any doubts, please seek legal advice or contact the Development Management team.
The 28 Day Rule and Temporary use of land for e.g. events, festivals and car parks
The 28 Day Rule allows a landowner to temporarily use land for up to 28 days in any calendar year for certain temporary uses which can include events, festivals and car parks. The 28 days do not need to be consecutive and includes the setting up and removal of any temporary structures. Please note that if the land is used for more than 28 days, a specific planning permission will be required. If you have any doubts, please seek legal advice or contact the Development Management team.
The Natural Resources Wales guidance includes further details on permitted development and the use of private wastewater treatment systems and portable toilets – please see here: https://naturalresources.wales/guidance-and-advice/business-sectors/planning-and-development/our-role-in-planning-and-development/advice-to-planning-authorities-for-planning-applications-affecting-phosphorus-sensitive-river-special-areas-of-conservation/?lang=en
PLEASE NOTE: You will need to notify the Local Planning Authority of your intention to use your permitted development rights under the 28 day rule every year.
Next steps
For proposals that are considered to be Permitted Development, developers are advised to first seek the opinion of Natural Resources Wales as to whether the development is likely to have a significant effect on a Special Area of Conservation. If a conclusion of no likely significant effect is drawn by Natural Resources Wales, then Natural Resources Wales’ opinion on the issue can be considered conclusive. We advise a copy of the Natural Resources Wales response is provided to the Local Planning Authority for our records.
You are advised to contact Natural Resources Wales via email: mi*********@**********************ov.uk with a clear explanation of your proposals and a specific request that you are seeking Natural Resources Wales’ opinion on Likely Significant Effects on a Special Area of Conservation in accordance with Regulations 75-77 of the Conservation of Habitats and Species Regulations 2017 (as amended). Natural Resources Wales’ email address is: mi*********@**********************ov.uk and we suggest giving your email a title of: “Permitted Development Rights/Habitats Regulations” to assist Natural Resources Wales in the processing of this request. You will need to be give information to Natural Resources Wales on any impacts on Special Areas of Conservation s. For example, for events this should outline the proposed way foul drainage and grey water (i.e. from washbasins, showers, kitchen facilities) will be managed as part of your temporary event. We also advise providing Natural Resources Wales with details of the location, timing and duration of the event (including setting up and taking down periods), whether any temporary watercourse crossings will be required, and/or if there will be public access to any riverbanks, e.g. for swimming, paddling, canoeing, novelty races, etc.
Where Natural Resources Wales consider a likely significant effect cannot be ruled out, then developers must obtain written approval from the Local Planning Authority prior to the development (including events) taking place in order to proceed. An application for written approval will need to provide the Authority with your conclusion as to why you consider there are no adverse effects on the integrity of the Special Areas of Conservation and an appropriate level of information, including any relevant mitigation measures.
This form and flowchart devised for temporary events will assist you in this regard. This information will then inform the Authority’s Appropriate Assessment which Natural Resources Wales will need to be consulted on, which in turn will inform the Authority’s determination of this application: Please note there is a £30 fee for this written approval application.
This process is a requirement of Regulations 75-77 of the Conservation of Habitats and Species Regulations 2017 (as amended) and is explained on pages 69-73 of the Welsh Government’s Technical Advice Note (TAN) 5 Technical advice note (TAN) 5: nature conservation and planning | GOV.WALES. This includes a useful flow chart in Figure 2 of Annex 5.