The National Planning Framework 4 (NPF4) which was adopted by the Scottish Ministers on 13 February 2023 sets out national planning policy between now and 2045. The NPF4 is based on six overarching principles, with ‘rural revitalisation’ being the sixth. This helps shape a specific policy to provide more high quality, affordable and sustainable rural homes.
Depopulation in rural communities is an increasing issue which, amongst other things, provides challenges for economic development. The NPF4 necessitates that relevant Local Development Plans should contain proposals for future population growth, including provision for resettlement of previously inhabited areas.
But in order to have sustainable population growth and resettlement, we need enough suitable rural housing. The Scottish Government has committed to the delivery of 110,000 affordable homes across Scotland by 2032, with 10% of those being in the remote, rural and island communities.
Keeping the objective of increased population and housing in mind while respecting the diverse natural and cultural assets, and the local economic circumstances, of rural areas will be a significant challenge for planners. The NPF4 does not ignore this, with the emphasis on tailoring proposals to reflect the needs of local communities.
Goodbye to ag tags
Previously, the planning system in rural areas could be described as overly protective by some, with restrictions on the occupancy or sale of new houses on rural land to agricultural workers. These types of restrictions were usually imposed through Planning Permissions and Section 75 agreements. They have traditionally been called an ‘agricultural occupancy condition’, an ‘agricultural tie’ or colloquially an ‘ag tag’.
The use of these restrictions has become far less prevalent in recent years and have generally been avoided since around 2011. Ag tags ultimately came to be seen as ‘intrusive, resource-intensive and difficult to monitor and enforce’ with the potential benefit being outweighed by the practical issues they create when affected people come to sell or build on their land.
Ag tags on rural housing are now set to become virtually obsolete with the introduction of Policy 17 in the NPF4, and the removal of them is now largely a matter of course. Individuals who have titles affected by such restrictions can usually expect a positive outcome if they request them to be discharged.
Removing planning barriers to farming succession
Another rural planning issue that the NPF4 addresses is that the lack of accommodation for farmers exiting the agricultural business can be a barrier to succession, as older generations have been known to struggle to gain permission to build houses directly on farms for their retirement. How can business control and ownership be passed on effectively if planning authorities have not allowed for space for the next generation?
The NPF4 now explicitly provides that development proposals for new homes in rural areas which are linked to retirement and succession of a viable farm holdings should be supported. Also firmly supported by the NPF4 is development where it is necessary to ‘support the sustainable management of a viable rural business’ and the worker needs to live at or near the business.
Planning authorities are now provided with explicit consent to support the farming community in allowing for the next generation to follow suit, and in turn to keep that part of the rural economy functioning and evolving.
Overall, the NPF4 has great potential to facilitate sustainable economic development in rural communities, but recognises that this must be specific to the local area and that the needs of the agricultural community certainly cannot be ignored. How these needs are balanced remains to be seen.
For further information and advice relating to land management and land ownership implications in Scotland, please contact a member of Thorntons’ Land and Rural Business Team on 03330 430350
