The law and bee keeping , the use of agricultural land for bees

[buffon]

An apiary is an apiary - I have several sites and I move bees from one to the other as required - home, field, office, whatever. My bees produce somewhere between 500 and 1000 kg per year which is not enough for a supermarket but enough to supply a few shops. However not all colonies are at one apiary - it's best to spread the bees around, so the planning officer has no way of knowing how many colonies you have. In any case, two hives could easily produce 100kg of honey per year which is definitely more than a hobby if you consider of how to dispose of the stuff once extracted.

Perhaps one way of defining it is efficiency. A commercial person wouldn't fence off a large area and then just put two hives in there. It would instead be filled with hives or nucs.

 

[Ian123]

Just the enforcement notice saying changing agricultural land to domestic
Phone call lead to them saying bees are recreational so domestic unless producing enough honey to supply supermarkets!
He is coming out at some point

Some years ago my parents brought a 1970s bungalow sitting on about 15acres near ascot. After the existing wooden stables and garages had been rebuilt the existing bungalow was knocked down and a large oak framed new farmhouse went up on the bungalow footprint. However the actual garden for such a property was fairly small. What we did was remove the fence between garden and smaller adjacent field. The boundary was defined by stepping stone slabs down the lenth of garden/field boundary. On the agricultural side my mum a fanatical gardener laid out an orchard and a pond was dug. Now the pond was strictly a farm/wildlife pond with some large car size boulders found whilst clearing the site lovely reed beds got planted and a few native Roach/Rud added. I did much to her annoyance add some orfe some years later The grass on the agricultural side was 1 inch longer than the garden, look at the majority of orchards there normally well manicured about the trees!. She even had a roll of electric fencing tucked into the hedge that could be rolled out if the flock of soya sheep grazed the field or The contravention officer paid a visit. She was a stickler for detail and anything planted on the agricultural side was native or indeed agricultural. The impression however was impressive! The point was there was definition on the boundary and the field boundary could be pointed to if required, the fact you had to stand on it to see it is irrelevant!
There is no requirement for the agriculture to be commercial or indeed viable, you would never make a viable venture on such small plots agricultural or not. There’s also nothing to say the kids can’t go into the field and kick a ball about! BEES ARE LIVESTOCK 1 hive or a hundred and regarded as such by law. Can you dig out any gov literature showing bees as livestock. Play the game define the boundary even if it’s minimal and stick within the rules

 

[Ian123]

Sorry should of said he will use small details to form an opinion so don’t give him the excuse. Define the boundary move the kids bikes goal posts and don’t plant flower beds in the field.

 

[jenkinsbrynmair]

the flock of soya sheep

nice of her to cater for the vegematarians and vogons

 

[Ian123]

nice of her to cater for the vegematarians and vogons

Soay!!!!!!!!Tastiest Soay I ever had.

 

[Beesnaturally]

That is irrelevant though especially since there is a question mark about what the remaining paddock is being classed as. I grow vegetables in my garden, but that doesn't make it an agricultural field. Lemony says fruit trees have been planted, which are found in both agricultural orchards and gardens. A judgement call has to be made about what the land is, scale will come into play, but it is hard to write down hard and fast rules.

If the ultimate goal is to put horses on there then that will need planning permission anyway (if you will be bringing hay to feed them).

Nope. 'Agricultural' is a planning class, which allows use for agriculture.
'Residential' is a planning class (which extends to the curtilage of a house) which permits living, the growing of crops for own use and for sale, and the keeping of livestock the same. That is, it includes agriculture.

The freedom to feed yourself and live off your land is an ancient right that has never been taken away. You own it: you can dig it, and your hens can scratch it: and you can sell the eggs. No planning class takes away that right.

So: A residential property has standing permission to live, sleep, take your leisure, grow veg, keep livestock, sell the produce

A field lacking residential use has standing permission to grow, picnic, store chattels, keep livestock, sell the produce.

A field (agricultural use only) at the back of your house is not part of your residence, your garden, and mustn't be treated as such. No summer houses or sheds, (unless for the needs of an agricultural business), no swings and slides etc. But you can grow what you like and keep livestock on it to your heart's content. If there is a justified agricultural need you can make hard paths and hardstandings, lay in water; you can fit a toilet and drains, lay on electricity and a phone.

Here's the rules.

" Class B – agricultural development on units of less than 5 hectares

Permitted development​

B. The carrying out on agricultural land comprised in an agricultural unit, of not less than 0.4 but less than 5 hectares in area, of development consisting of—

(a)the extension or alteration of an agricultural building;

(b)the installation of additional or replacement plant or machinery;

(c)the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus;

(d)the provision, rearrangement or replacement of a private way;

(e)the provision of a hard surface;

(f)the deposit of waste; or

(g)the carrying out of any of the following operations in connection with fish farming, namely, repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets,

where the development is reasonably necessary for the purposes of agriculture within the unit.

Development not permitted​

B.1 Development is not permitted by Class B if—

(a)the development would be carried out on a separate parcel of land forming part of the unit which is less than 0.4 hectares in area;

(b)the external appearance of the premises would be materially affected;

(c)any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(d)it would consist of, or involve, the carrying out of any works to a building or structure used or to be used for the accommodation of livestock or the storage of slurry or sewage sludge where the building or structure is within 400 metres of the curtilage of a protected building;

(e)it would relate to fish farming and would involve the placing or assembly of a tank on land or in any waters or the construction of a pond in which fish may be kept or an increase (otherwise than by the removal of silt) in the size of any tank or pond in which fish may be kept; or

(f)any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land within the unit.

B.2 Development is not permitted by Class B(a) if—

(a)the height of any building would be increased;

(b)the cubic content of the original building would be increased by more than 10%;

(c)any part of any new building would be more than 30 metres from the original building;

(d)it would consist of the extension or provision of any agricultural building on an established agricultural unit (as defined in paragraph X of Part 3 (changes of use) of this Schedule) where development under Class Q or S of Part 3 (changes of use) of this Schedule has been carried out within a period of 10 years ending with the date on which development under Class B(a) begins;

(e)the development would involve the extension, alteration or provision of a dwelling;

(f)any part of the development would be carried out within 5 metres of any boundary of the unit; or

(g)the ground area of any building extended by virtue of Class B(a) would exceed 465 square metres.

B.3 Development is not permitted by Class B(b) if—

(a)the height of any additional plant or machinery within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(b)the height of any additional plant or machinery not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(c)the height of any replacement plant or machinery would exceed that of the plant or machinery being replaced; or

(d)the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.1(2)(a) of this Part.

B.4 Development is not permitted by Class B(e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.1(2)(a) of this Part.

Conditions​

B.5—(1) Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is extended or altered, or any works resulting from the development, is not used for the accommodation of livestock except in the circumstances described in paragraph D.1(3) of this Part or for the storage of slurry or sewage sludge, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine.

(2) Development consisting of the extension or alteration of a building situated on article 2(4) land or the provision, rearrangement or replacement of a private way on such land is permitted subject to—

(a)the condition that the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the building as extended or altered or the siting and means of construction of the private way; and

(b)the conditions set out in paragraphs A.2(2)(ii) to (vi) of this Part.

(3) Development is permitted by Class B(f) subject to the following conditions—

(a)that waste materials are not brought on to the land from elsewhere for deposit unless they are for use in works described in Class B(a), (d) or (e) and are incorporated forthwith into the building or works in question; and

(b)that the height of the surface of the land will not be materially increased by the deposit.

(4) Development is permitted by Class B(a) subject to the following conditions—

(a)where development consists of works for the significant extension or significant alteration of a building and—

(i)the use of the building or extension for the purposes of agriculture within the unit permanently ceases within 10 years from the date on which the development was substantially completed; and

(ii)planning permission has not been granted on an application, or has not been deemed to be granted under Part 3 of the Act, for development for purposes other than agriculture, within 3 years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the extension, in the case of development consisting of an extension, must be removed from the land and the land must, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer;

(b)where an appeal has been made, under the Act, in relation to an application for development described in paragraph (a)(ii), within the period described in that paragraph, that period is extended until the appeal is finally determined or withdrawn.

(5) Where development is permitted by Class B(a), within 7 days of the date on which the development is substantially completed, the developer must notify the local planning authority in writing of that fact."

The Town and Country Planning (General Permitted Development) (England) Order 2015

PART 6
Agricultural and forestry

https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/6/made

 

[Beesnaturally]

It could though if the rest of the land is effectively being used as a garden.


But lemony isn't setting up an agricultural business. It is clearly a hobby for them. In the opening post:

Growing your own food counts. You are going about an agricultural business that earns food for yourself and your family. Again: this is an ancient right and underlies the law - ownership means you can make food. No-one can take that away.

It may be that the planners have not understood this.

 

[Beesnaturally]

Can you dig out any gov literature showing bees as livestock. Play the game define the boundary even if it’s minimal and stick within the rules

I can if need be. But I think that the fact that bees are regulated under Defra says as much, and you'll probably find something to that effect on beebase. There is also some supportive case law.

However: To document to dig into is, as ever, the town and country planning act:

"
Section 336 of the Town and Country Planning Act 1990 defines ‘agriculture' as including:

• ‘horticulture, fruit growing, seed growing, dairy farming;
• the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land);
• the use of land as grazing land, meadow land, osier land, market gardens or nursery grounds; and
• the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes.’"

To keep things easy I would (Lemony) go with:

"This is a 'nursery' business. If successful, I plan to increase the number of hives and sell my honey in local shops, as well as operate a pollination service and sell nucleus hives."

That ticks many sustainability boxes - and sustainability is at the heart of planning law nowadays. But perhaps more important it says: new, growing business. And planners are strictly discouraged from obstructing business without very good reason - severe nuisance/business in the wrong place etc.

It takes away the fuzzy for them. You wish to create a sustainable farming business on agricultural land, and, with no good reason they are going to stop you?

Not in a million years.

I've done this, and know the ropes. I can do almost anything on my land except sleep on it for more than 28 days. The planners (who are incredibly sick of my idiotic neighbours, the source of probably more than 200 complaints to planning, environment and police) have done everything they can to close me down. All they have achieved is to make me learn the law, with which I can build a multimillion pound business, right here on their doorstep - if I can.

Talk 'smallholding' or 'market garden' or just 'bee products' so they understand it isn't going to be just about leisure. You own or tenant a field: you have a perfect right in law to farm it in any way you see fit. And to farm is to run a business, whether you are eating your own turnips or not. Your hens can run freely, and be housed freely, in both your garden and your field (but I think the hen-house in the field has to be moveable - on wheels or skids, or capable of being picked up.)

Your bees have a perfect right to be on agricultural ground even if it is just a hobby. But casting things that way might make it easier for them to get awkward.

 

[jenkinsbrynmair]

The freedom to feed yourself and live off your land is an ancient right that has never been taken away.

you're wrong - seen an appeal turned down on precisely this matter only a few months ago

 

[Beesnaturally]

you're wrong - seen an appeal turned down on precisely this matter only a few months ago

I'd be interested to see that. I expect you have noticed I wrote live _off_ your land - not live _on_ it.

Imagine: a man who owns a small pasture has no means of income and cannot feed his family. The council can tell him he must not raise food to feed them?

 

[buffon]

To keep things easy I would (Lemony) go with:

"This is a 'nursery' business. If successful, I plan to increase the number of hives and sell my honey in local shops, as well as operate a pollination service and sell nucleus hives."

If Lemony has the right to keep bees as you suggest, then why are you advocating they lie to do so? This will just cause trouble further down the line with the neighbours. Stupidity in the extreme.

I agree they should be able to keep bees, but what I'm saying is they can't in a garden setting on that piece of land.

The simple and obvious solution is to do the right thing and apply for planning permission to keep horses and bees on that land.

 

[Beesnaturally]

Dreams evolve as they meet realities. A few sheep to manage the land, a few hives, some orchard trees and surplus produce sold at the gate and/or through local shops sound like a perfectly good evolution of the initial dream.

Planning consultants always ask what you want to achieve, and then design a route to getting there. It often involves shifts in emphasis and the addition of new elements. Personally I wouldn't dream of spending lots of time and money jumping through hoops that I thought were legally unnecessary. But others are different.


If Lemony wishes to keep horses I agree an equestrian application may be needed. A sui generis equestrian and beekeeping application might be the way to go.

I suppose I rather enjoy the challenge that is locating paths to where I want to be by trial and error. Just do it, and then see if you can stop them stopping you is all part of the fun. And, given that they are happy to mislead people to make problems go away, limiting your opportunity range in the process, I think it's fair play.

 

[Darryl]

get some pigs on the plot

Good idea but

get some pigs on the plot

Great plan but make sure you get a full herd of pigs - say 40 or so. Having just one or two would constitute a domestic/hobby as they would be considered as pets.

 

[JamezF]

Good idea but

Great plan but make sure you get a full herd of pigs - say 40 or so. Having just one or two would constitute a domestic/hobby as they would be considered as pets.

We've kept a pair of pigs on quite a few occasions. They were very tasty for pets

James

 

[Lemony]

Dreams evolve as they meet realities. A few sheep to manage the land, a few hives, some orchard trees and surplus produce sold at the gate and/or through local shops sound like a perfectly good evolution of the initial dream.

Planning consultants always ask what you want to achieve, and then design a route to getting there. It often involves shifts in emphasis and the addition of new elements. Personally I wouldn't dream of spending lots of time and money jumping through hoops that I thought were legally unnecessary. But others are different.


If Lemony wishes to keep horses I agree an equestrian application may be needed. A sui generis equestrian and beekeeping application might be the way to go.

I suppose I rather enjoy the challenge that is locating paths to where I want to be by trial and error. Just do it, and then see if you can stop them stopping you is all part of the fun. And, given that they are happy to mislead people to make problems go away, limiting your opportunity range in the process, I think it's fair play.

I am so grateful for all this information and the time taken to inform me
The bees will be on paddock which is grazing land so horses are fine already but is the other stuff in town and country planning ?
Are they separate classes . I was once told grazing land can only be used for grazing?

 

[Lemony]

I was thinking of putting half a dozen empty hives on if I get the all clear from enforcement to see if nuisance then becomes an issue with Council
It would be good to see their faces when I explain that the stings are not from my bees as the hives are empty !
I have a small garden , how much space would I need if I located the hives in my garden ?

 

[Beesnaturally]

I am so grateful for all this information and the time taken to inform me
The bees will be on paddock which is grazing land so horses are fine already but is the other stuff in town and country planning ?
Are they separate classes . I was once told grazing land can only be used for grazing?

I don't know but you might learn a lot from googling terms like 'equestrian planning law'. Do please share what you find. Here's my first attempt with that string: Is planning permission required for the keeping of horses on agricultural land? - Walker Morris

 

[BoothBees]

You can keep horses on agricultural land, but only for the purposes of grazing. You cannot train them, ride them, rug them or give them any supplementary feed. If you do any of those activities, you cross over into equestrian use and that is a change of use of the land.

I've just gone through the planning process for this so I've had to tread the line very carefully.

 

[Beesnaturally]

Good idea but

Great plan but make sure you get a full herd of pigs - say 40 or so. Having just one or two would constitute a domestic/hobby as they would be considered as pets.

I know a chap who keeps one or two pigs on his (town) plot, and lives in a camper. The council can't throw him off because of the pig. So the story goes, and I listened carefully over several years...

 

[madasafish]

I was thinking of putting half a dozen empty hives on if I get the all clear from enforcement to see if nuisance then becomes an issue with Council
It would be good to see their faces when I explain that the stings are not from my bees as the hives are empty !
I have a small garden , how much space would I need if I located the hives in my garden ?

You could place them in a line pointing outwards about 0.5 meters apart.. preferably well visible to the potential complainers.
Make sure you:
1. close up the entrances. SO no chance of any bees entering.
2. have no frames inside so no chance of any bees living in them
And take photos outside and in for each hive dated so you can back up your claims of them being unused.
Remember if someone has taken legal action already, you want to ensure than anyone looking at your evidence can dismiss any complaint within 5 minutes and - if they actually claim £££s as damages - you can claim all your legal expenses. And make them look fools in front of anyone hearing the case.

Pardon if I am teaching my granny to suck eggs..