Large projects on the scale of a slurry store are often subject to planning requirements and before starting any work, permission should be sought.
Government departments and relevant interested public bodies are aware of the challenges some of these applications maybe subject to and have issued guidance 鈥� .
The page provides a checklist of evidence that farmers can provide to help LPAs make decisions about HRA.
This guidance outlines how the grant will help farmers make improvements that reduce nutrient pollution. It also outlines Defra鈥檚 rationale for introducing the grant alongside other steps to tackle nutrient pollution.
In some areas, an HRA (Habitats Regulations Assessment) will be needed to determine whether the project is likely to have a significant effect on protected sites, including:
LPAs in England are the competent authorities under the Habitats Directive, as implemented in England through the Conservation of Habitats and Species Regulations 2017.
They must, therefore, comply with their duties under this legislation when determining planning applications.
The HRA process is usually a two-stage process:
- screening
- making the planning application.
Screening
Screening is a relatively straightforward review of a plan or project based on factors such as distance.
Suppose LPAs conclude that a project has no likely significant effect on protected sites. In that case, it will be unnecessary to proceed to the appropriate assessment stage, which is a much more detailed investigation of a project鈥檚 potential impacts on a protected site.
Where farmers are looking to upgrade their slurry storage with no increase in capacity, the project can be screened out at this stage.
Where it is not possible for LPAs to rule out likely significant effects, plans and projects must be subject to an appropriate assessment (including for permitted development), this will be undertaken by the LPA.
Further guidance on how to conduct an HRA may be found on GOV.UK:
Making a planning application
SIG applications where the project is subject to planning requirements must have the relevant planning permission before they can submit their full application to the RPA before the 28 June 2024 deadline.
皇家华人wants to see as many of the 374 successful SIG applications attain planning permission so that the applicants can move towards implementing farm improvements as possible.
However, we know this process can be challenging, and we would advise ensuring all relevant aspects are considered before and during an application. Seeking professional advice at an early stage can be beneficial as it can help to ensure that the project is designed to increase the chances of success from the outset.
When to engage a consultant
Potential applicants should consider engaging a planning consultant at the earliest possible stage of their project plans.
A planning consultant (or agent) will add expert knowledge of the planning system that individual applicants may not have.
They can often advise on issues likely to arise during the planning process, enabling consideration of adaptations or mitigation measures that can be incorporated into the planning application to maximise the prospects of success.
Planning consultants can be engaged at differing levels of involvement:听听
- Basic level: a planning consultant can complete the required forms and documents; all future correspondence will then go to the applicant. The onus is then on the applicant to respond. The applicant can seek further advice when needed.听
- High level: a planning consultant can project manage the entire scheme on the applicant鈥檚 behalf.听
Other professional advice
In addition, it may be necessary to instruct professional advisers to consider specific specialist areas.
For example, ecological consultants are often required to provide assessments of the environmental impacts and to give applicants the necessary information to satisfy Local Authorities鈥� ecological advisers and the EA/NE.
Planning advisers will often be able to identify areas where such advice will be required and recommend suitable experts to use.
Factors to consider
Applicants should consider the following when deciding to engage a planning consultant:
- Additional cost for your planning application.听听
- Amount of time available for the applicant to engage in the planning process.
- Requirements (set out below) that need to be satisfied for a successful application, and whether the applicant is able to organise these themselves.
- Applicant鈥檚 knowledge of their local authority and relevant planning policies and guidance documents; and
- The complexity of scheme (size and type of storage, possible protected nearby species and land, the local authorities鈥� history of approval/refusal).
Please note: a consultant cannot guarantee that permission will be granted, nor can they offer more favourable standing with the relevant local authority.
Getting help
NFU Members can contact NFU CallFirst on 0370 845 8458 for free initial legal and professional advice.
The CallFirst team can also arrange a referral to the NFU鈥檚 panel firms of solicitors听辞谤听CT Planning if more detailed guidance is required.
Alternatively, a list of planning consultants can be found via postcode using this link:听.听
Please note: the RTPI Directory is not exhaustive, and the NFU does not endorse the list or any members of it.
Timescales
Applicants will have until 28 June 2024 to submit their full application, including planning permission.
Practically this means a Decision Notice needs to be issued by the relevant local authority prior to 28 June 2024.
Here is a short indicative timeline is shown below of the key steps.
These timescales are not definite and are subject to a wide range of varying factors and can differ according to the local authority involved.
Acknowledgement
Acknowledgement and validation of a planning application can take 1 day to 2 weeks. These might come one document or as two separate documents.
Planning outcome
Determination of the planning application 鈥撎�8 weeks from acknowledgement/validation.
The statutory determination period is 8 weeks. Longer timescales can be agreed between the applicant and the local authority if further work is required.
Applicants should bear in mind that despite the statutory determination period, the local authority may take 8 or more weeks, and any shorter timescales should not be counted on.
The Council will seek comments from relevant consultees to determine applications, which will be their local officers (such as environment, highways, and flood risk), as well as governmental organisations (such as Defra and the EA). Consultees have 21 days to respond, and an application cannot be determined before this 21-day period ends.
At the end, the applicant will receive a Decision Notice, which, if the application is successful, is legally binding proof that they have permission. The document should also form part of the submission to the RPA.
Please note: decisions can be challenged and may lead to a decision being quashed.听
In the instance that your planning application is challenged, please inform your local EA adviser and RPA as soon as possible.
If you want to challenge a decision, contact NFU CallFirst on 0370 845 8458.
Implementation
Once permission has been granted, the applicant has 3 years to start works on their scheme or permission will be revoked. If 鈥榮ubstantial works鈥� are started, then the permission lasts in perpetuity.
Refusal and appeal
If the authority refuses permission or imposes conditions, it must give written reasons for the refusal.
Applicants wishing to appeal a refusal or remove conditions placed on approval should note the lengthy timescales for the appeals process.
As of 22 May 2023, an appeal can take between 38 to 57 weeks听
You can also appeal if the local authority does not issue a decision within eight weeks (this is known as non-determination) unless you have agreed in writing to an extension of that period. If you appeal, your application will be out of the authority鈥檚 hands.
The deadline for submitting an appeal is six months from the date of the application decision letter, or in the case of non-determination,听six months from the date the decision should have been made.
See What to do if your planning application is refused.
Other considerations
There may be other elements to consider carrying out before a planning application is submitted.
These are covered in the Key considerations for your planning application听section and need to be factored into the timing of all activity ahead of the SIG full application deadline.
Due to high levels of demand from multiple applications under this scheme, waiting times with your local planning authority might be extended.
Defra and RPA will need planning permission approval before they can proceed with the SIG.
Submissions should include plans and drawings that were approved as part of your planning permission. These will be used to confirm that the details match those in your application and to check that specific requirements are met.
The RPA state that if you do not have planning consent for your project, your application will be withdrawn from the scheme.
Key considerations for your planning application
You should submit your Slurry Store Location and Design form to the RPA and EA as soon as you can prior to submitting for a planning application.
Within the SIG application process, the design, location and size of the slurry storage / additional infrastructure will be checked by the EA to ensure that it complies with the requirement for the scheme prior to submission to the RPA.
Location
The slurry store should be located away from watercourses, boreholes and other sensitive areas. The location should be chosen with consideration for prevailing wind directions, as well as access to the farmyard and fields.
Local Planning Authority
An applicant鈥檚 local authority may not be the same as their LPA, which can be important when finding guidance and early engagement. This link will indicate specifically which local planning authority a postcode is in: .
Slurry store size
The size of the slurry store should be determined based on the number of livestock and the amount of slurry that is produced. It is important to ensure that the capacity of the slurry store is sufficient to contain all the slurry produced during the storage period.
The AHDB鈥檚听听must be used to calculate the required size of the store.听
Understanding what is defined as slurry and livestock numbers is important in this respect and it is set out in the SIG guidance found here: .
EIA (Environmental Impact Assessment)
Applicants should submit an EIA screening opinion to the relevant local authority to determine whether an EIA is required.
The application is free and takes roughly five weeks to produce a response. The applicant will receive a 鈥榶es鈥� or 鈥榥o鈥� response on whether EIA is required and a response on the level of assessment that may be required. Applicants should do this before submitting any planning application.
Slurry store design
The design of the slurry store should be based on the type of slurry being stored, the volume of slurry, and the intended use of the slurry. The design should ensure that the slurry can be safely stored without causing environmental harm while meeting the听.听
Construction considerations
The construction of the slurry store should be carried out by a competent contractor and in accordance with relevant regulations and guidelines. The materials used should be durable, able to withstand slurry鈥檚 corrosive effects, and designed to avoid leakage or overflow.
Maintenance and inspections
Regular maintenance of the slurry store is essential to ensure that it remains in good condition and does not pose a risk to the environment or public health.
Regular inspections should be carried out to identify any damage or deterioration, and repairs should be made promptly.
Record-keeping
Accurate records should be kept of slurry production, storage, and application. This information should be used to ensure that the slurry store is used efficiently and that the slurry is applied to land in a sustainable manner.
Environmental permits
Depending on the size and location of the slurry store, planning permission and environmental permits may be required.
It is important to consult with the relevant authorities and obtain any necessary permits before constructing or using a slurry store.
If your farm has a permit, you may need to . This is likely if you are applying for a new store and may be required if you are applying for a replacement or expanded store.
You can use the EA鈥檚 to find out more or discuss this with your EA site officer.
Pre-application planning advice
Depending on the local authority, there may be some pre-application advice for applicants. The level of advice ranges from:
- No advice
Some local authorities do not prefer pre-application contact with applicants. It is not unusual for some local authorities not to disclose their contact details on their websites. - Informally contacting local authority staff
听Some local authorities do make their planning departments contactable, but any advice made is non-systematic between the pre-applicant and the local authority. - Duty officer
Some local authorities have a duty officer whose main responsibility is to offer planning advice; the advice will be informal and non-binding in any final decision.听 - Formal pre-application service
Some听local authorities offer a pre-application service that will offer a written response to the chances of obtaining permission, potential documentation required, and the outstanding points of an application. Check what fees may or may not be asked. The advice will be formally written but will not carry any weight in any final decision.
CSF (Catchment Sensitive Farming) pre-application advice
Applicants should take the opportunity of additional advice provided by CSF advisers on diffuse water and air pollution mitigations, alongside other environmental improvements, on farm.
Any advice that the applicant intends to action should also be included in the supporting information to the planning application to show any additional actions being undertaken to improve nutrient management over and above that required for SIG.
Application fees
Planning application fees are set nationally by the government but are interpreted at a local level. If the wrong fee is paid to the local authority, then the application will be invalidated until the correct fee is paid.
Planning 鈥榙evelopment鈥� comes under several categories which determine the fee to be paid. It is up to the applicant to calculate their fee. A supporting calculator can be found here:听.听
For fee calculation purposes, slurry stores can often be considered as 鈥榦ther operations鈥� (not coming within any of the above categories).
Applicants can generally expect to pay 拢234 for each 0.1ha up to a maximum fee of 拢2,028.
Please note: different local authorities interpret fees in different ways. A planning consultant will be able to advise on the likely fee required by your LPA for your specific application, or the LPA themselves may be able to offer some assistance with the calculation of the fee if you are unsure about how to calculate it.
Documentation guidance听
The specific documents required when submitting a planning application for a slurry store can vary depending on local regulations and requirements. However, we have worked to identify a number of documents that could be requested as part of the expected planning application process. Guidance on how to undertake or complete each of the required documents can be obtained via your planning adviser or local planning authority.
RPA Guidance -听When submitting your final application to the RPA, please follow the available guidance to ensure the required documentation is supplied.听
Visit to read how to fill in a Slurry Infrastructure Grant full application
Requirements for a planning application
The exact requirements for each site should be based on a site-specific assessment and be a true and accurate reflection of the aspects to be addressed on a proposed site. Here are some of the things you will need for your planning application (this is not an exhaustive list).听
- Location plan
This plan details the location of the site (rather than the slurry store). Using a red line (the line must be red to be compliant), the applicant should encircle all areas where works are proposed to take place, as well as access. The red line should be as small as possible and only cover areas where development is proposed. If relevant, all other owned land by the applicant should be marked with a blue line.听听 - Site/block plan
Similar to the location plan (the same document can even be used in some cases), the site/block plan indicates the aerial view layout of proposed structures, hardstanding, and access.听 - Elevations/sections
These plans should include details of the size, shape, and construction of the slurry store, including the materials to be used. - Covering letter
Any outstanding matters can be brought to the local authority鈥檚 attention in a covering letter than can be attached to the application.
It is highly recommended that applicants use this letter to inform the local authority that their application is part of a Defra Slurry Infrastructure Grant.
You should also aim to include:听
- the purpose of the project 鈥� to improve slurry storage (for their existing herd if appropriate) to better manage nutrients.听
- evidence that you can safely manage nutrients within compliance with the Farming Rules For Water. You should attach a nutrient management plan and soil analysis results as evidence.听
Design and access statement
Describes with text and imagery the materials and layout of the proposal. Access to and from the site is also explained here.听听
Evidence of Slurry Infrastructure Grant Invitation
Applicants should submit any written evidence of invitation, most commonly through email. If received by physical letter, it will need to be scanned and submitted with the application.听
Additional documents
There are other documents you may need for your application and your planning adviser should assist you in ensuring you can supply any relevant documentation.
This list is advisory only and not intended to be an exhaustive list of the documents that may be requested.听
- Agricultural Assessment
If the slurry store is intended for use in agriculture, an assessment of the need for the store and its impact on the local farming industry may be required. - Air Quality Assessment
A technical document that details the impact on air quality that the project may have on the surrounding area. A plan should be expected where there are nearby sensitive receptors, ie, housing and ecologically important sites. 听for information on sensitive site locations.听 - Archaeological Assessment
If the proposed site is located in an area of historical or archaeological interest, an assessment of the potential impact on any archaeological remains may be required. To find out if you have an archaeological or historically significant site on your land, please visit .听 - Site Investigation Report
This report should detail the results of any relevant investigations into the geology and soil conditions of the proposed site. This information is important for determining the suitability of the site for the slurry store and for designing the foundation and drainage systems.听 - Planning Statement
This is a document that sets out the justification for the development and how it meets local planning policies and regulations. A planning statement will only be required where there is a contentious matter with the application or the planned application is not in accordance with local policy.听 - Environmental Impact Assessment:
Depending on the location and size of the proposed slurry store, an environmental impact assessment may be required. This will assess the potential impact on the local environment, including any nearby water courses, habitats and landscapes. - Odour and pollution control plan:
This plan should detail how odours and pollution from the slurry store will be controlled and managed. A plan should be expected where there are nearby sensitive receptors, ie, housing and ecologically important sites. - Any other relevant permits or consents:
Depending on the local regulations and requirements, additional permits or consents may be required. It is important to check the specific requirements with the local planning authority before submitting the planning application.听
Water Related considerations听
Flood risk assessment
If the proposed site is located in a flood-prone area, a flood risk assessment may be required to assess the potential impact on the surrounding area and any necessary flood mitigation measures. The levels of flood risk are Flood Zone 1, Flood Zone 2, Flood Zone 3A, Flood Zone 3B. Assessments are only required in Flood Zone 2 or higher. Applicants can find their flood zone using this link: .
Local impact considerations
Odour management plan
If the slurry store is likely to generate odours, an odour management plan may be required to assess the potential impact of odours on nearby residents and to detail any measures that will be taken to manage or mitigate odour issues.
Under the SIG, a covering is needed on new or modified slurry stores. If you do not have a cover slurry acidification is required as this will limit emission of odour.听
LVIA (Landscape and visual impact assessment)
This assessment will evaluate the potential impact of the slurry store on the surrounding landscape and any measures that may be taken to mitigate any negative impact. LVIAs will only be required in areas with protected views such as National Parks, Areas of Outstanding Natural Beauty, and in some cases within the Green Belt.听
Working with the EA and CSF
Following receipt of confirmation for acceptance of your grant application, you will have been contacted by your local EA and 听(CSF) adviser.听
Your local CSF adviser can provide advice on best practice to protect water, air and soil, including nutrients, slurry and manure management, and ammonia emission reduction.
This may be a helpful step in producing your evidence for planning permission.
However, CSF and EA officers cannot become involved in individual planning cases beyond this.
Throughout the development of your project, we strongly advocate engagement with both organisations to ensure that your objectives meet the requirements of the scheme and promote best practices. Including evidence around this work within your planning application submission is advised.听
What to do if your application is refused
A refusal of an application does not mean that there is no chance of obtaining permission. There are several options after an application has been refused:
- Resubmit a similar application
A similar application to a refused application can be submitted without an application under the 鈥榝ree-go鈥� protocol. Applicants will need to ensure that they are addressing the previous reasons for refusal. The new application has to be of the same character and description as the previous refusal to qualify for the 鈥榝ree-go鈥�. The applicant has 12 months from the date of refusal to apply.听听 - Submit a different application
If the matters for refusal are overwhelming, applicants should consider submitting a new application different from the one already refused, such as a new location or a different tank. You will need to agree any changes to your project with RPA and EA before submitting a new planning application to make sure the design and location are still acceptable under the grant. - Appeal
An appeal to the Planning Inspectorate can be very costly and time-consuming, coupled with no guarantee of success. The appellant should expect strong opposition from local authorities when appealing, with consultants almost always advised, as well as legal advice. A solicitor or experienced planning consultant will be able to advise on the costs, risks and prospects of any particular appeal. NFU members who subscribe to the NFU鈥檚 Legal Assistance Scheme can also apply to the scheme to ascertain whether they would be eligible for any support in connection with their application.
