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Farm Shops and Garden Centres |
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Briefing Note
Garden Centre owners are showing an appetite for establishing Farm Shops in their Garden Centres. This is a logical evolutionary business development for Garden Centres as many already sell prepared food in the Coffee Bars and Restaurants, and Vegetable Seeds and Plants in their Plant Sales Areas. From the standpoint of the Local Planning Authority seeking to decide whether such a development is logical in Planning Law and Planning Practice there is much to consider. In Planning Law there is not a simple definition of a farm shop. If you are considering adding one to your garden centre you first need to decide what products that you want to sell, see how it fits with your current planning consent(s) and then, if necessary, apply for consent to extend the range of goods. If you do not have a farm or horticultural land suitable for growing crops then the sale of food will be assessed by the council having regard to their local plan retail policies and national planning policies. Central government advice contained in PPS 6 (Planning for Town Centres) states that “Farm shops can also meet a demand for local produce in a sustainable way and can contribute to the rural economy. Care should however be taken to ensure that they do not adversely affect easily accessible convenience shopping available to the local community”. If the area proposed is relatively small this may be considered in Planning Law as insignificant. Whether this can be successfully argued with the Council comes down to the facts of the situation. There are three important points to consider in relations to Farm Shops: 1. In general you can ‘sell what you grow’ without the need for planning consent. Most garden centres don’t fall into this situation. But for those linked to Farm Production there are two issues to consider:- a) Does the selling have to be located where the growing takes place or on land within the ownership of the grower? More and more farmers are combining together to form co-operatives or groups to market and sell their differing produce through a single unit located on a well located site. Councils also recognise that because of regional ‘specialism’ in growing a farm shop cannot sell the full range of fruit and vegetables that a customer might expect. In the past Councils took a strict interpretation on this matter, you sold what you grew on your land, however today more Councils are prepared to be open-minded. b) To what extent can you physically alter what you grow before you need planning consent? Most farm/nursery products need some form of processing even if it is only to wash and bag up carrots for example. In the past Councils took a strict view on this, if you sent your product away to be processed then when it came back it was no longer ‘home grown’, it was ‘imported’ and therefore strictly controlled. However Councils are now coming round to the view that this approach stifles rural enterprises from developing. It is therefore a matter of negotiation with the Council as to what constitutes ‘home grown’ and what constitutes ‘imported’. 2. A Farm Shop whether standalone or within a larger retail area can usually sell a proportion of products which are not ‘home grown’ and these are often referred to as ‘imported’. Whilst there is no planning legislation which defines what level of imported products can be Planning Inspectors and the Courts have variously referred to 10%, 15% or even up to 20% of sales. The reason for limiting such sales is to prevent retailing in the countryside undermining shops selling similar products in the High Street. More and more Councils are seeking to limit imported goods sales by way of using floor area as a basis for controlling imported goods rather than by value as this is difficult to monitor and control. 3. Farm Shops can often include non-retail uses/activities which may or may not need planning consent. For example food packaging or processing units may be regarded by the Council as a ‘light industrial unit’ and therefore require specific consent. On the other hand they could regard the use an ancillary activity. Similarly a demonstration/teaching area could need planning consent. It can often help a planning case to include such facilities because this can avoid the focus being on a purely retail development. The question usually asked by the Council will be why should this development be here in the countryside, why not in the town centre? The answer has to be that the Farm Shop forms part of a wider, rural solution. A good business case may help to gain consent. CONCLUSION: There is no uniform response across the UK to the proposition ‘will I get planning permission for a farm shop’. We can indicate some pointers to success: 1. Is there a genuine linkage between the Farm Shop and Local Food Producers? 2. Is there a sound business case to support the proposed Food Shop? For example can you prove that because of its low cost location this allows it to successfully showcase local farm products in a manner not able to be replicated in a town centre setting. 3. Is the Farm Shop going to create local employment, particularly significant in a local rural or other unemployment black spot? 4. Is the Farm Shop going to be a real addition to the local Tourist Offer? 5. Does your application refer to Local Supporting Plans and Policies? Does your application include a description of the goods you intend to sell? Does your application show where the Farm Shop will be located and how much space it will occupy? PLANNING LAW: It is worth briefly considering the type of ‘Farm Shops’ as these have a bearing on the planning situation. The original and still most widely developed Farm Shop is one established on a farm as a small building or the use of an existing barn/farm structure. The governments planning view on this type of ‘Farm Shop’ is set down in part in ‘A Farmers Guide in the Planning System': “C14 Farm shops help meet demand from consumers who want fresh produce at the point of production and can provide new sources of jobs and services in rural areas and outlets for producers of regional speciality foods. When planning applications are needed, local planning authorities should take account of:
C15 In individual cases where the development of an unrestricted retail use on a farm would be likely to result in a significant adverse effect on a nearby village shop, the local authority may wish to consider the scope for using planning conditions to limit the broad types of produce sold in the farm shop so as to enable permission to be given. Guidance on the use of conditions is in DOE Circular 11/95. C16 In paragraph C14, non-local produce means produce originating from beyond the farm holding and its environs. Local planning authorities should not discriminate against produce originating outside the United Kingdom”. Government guidance is also contained in part of PPS6. “Farm shops can also meet a demand for local produce in a sustainable way and can contribute to the rural economy. Care should however be taken to ensure that they do not adversely affect easily accessible convenience shopping available to the local community”. Garden Centres which wish to develop a Farm Shop will usually have no causal link between production of the farm produce and the retail outlet. It is therefore not possible to claim that such a development is ancillary to the main use of land i.e. a farm. Garden Centres therefore can establish food sales either by virtue of their existing planning permission if this permits food retailing within an A1 Retail Use, or by seeking a new permission to establish a farm shop. GENERAL DISCLAIMER 1.1. Malcolm Scott Consultants Limited makes no representations or warranties of any kind with respect to the contents of this Briefing Note and disclaims all such representations and warranties. In addition, Malcolm Scott Consultants Limited makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site. The information contained may contain technical inaccuracies or typographical errors. All liability of Malcolm Scott Consultants Limited howsoever arising for any such inaccuracies or errors is expressly included to the fullest extent permitted by law. 1.2. Neither Malcolm Scott Consultants Limited nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this information. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. 1.3. Notwithstanding the foregoing, none of the exclusions and limitations set out above are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the liability of Malcolm Scott Consultants Limited to you for death or personal injury resulting from our negligence or that of our employees or agents. |
CASE STUDIES:
The following examples of Garden Centre with Farm Shops which Malcolm Scott Consultants Limited have been successful in gaining planning permission for, may explain the varied forms of Farm Shops and the different local authority responses. 1. Garsons at Garsons Farm, Surrey Garsons consists of three interlinked businesses - a Pick Your Own Fruit and Vegetable Farm, a Farm Shop and a Garden Centre. The Farm Shop sells produce grown on the farm but also quite a lot of imported fruit, vegetables and delicatessen type products as customers want a rounded one stop offer if they are to shop at this centre as opposed to a Supermarket. The Farm Shop, contained in a building separate to the Garden Centre but sharing the same car park, is controlled by a legal document. A Section 106 Legal Agreement was negotiated by us in 1991 which stated that the area of the Farm Shop would be used for a proportion of fresh and unprocessed agricultural, horticultural and dairy produce, and a proportion for farm processed, health foods, farmhouse style and delicatessen products. The Covenants were of necessity intricate. But they have stood the test of time. The Local Planning Authority has from time to time at the prompting of a handful of local residents queried whether there are breaches of the Covenants. But the queries turned out to be without substance and the Farm Shop continues to trade successfully. 2. Klondykes New Garden Centre at Carlisle We obtained planning permission for a large Garden Centre adjacent to the M6 motorway at Carlisle in 2004. The Garden Centre included a large Farm Shop which rapidly established itself as a major draw to customers in its own right. The Shop has developed a reputation for selling prime Scottish beef from the local area, and indeed the owner’s farm. Specific permission for the sale of ‘fresh and processed foods and drink’ within an overall defined area of A1 Retail Use was granted as part of the planning permission. In this case the whole development gained approval following negotiation and careful design detailing because the Local Planning Authority were satisfied that the proposal would encourage more tourism and benefit local employment. 3. Klondykes Proposed Redeveloped Garden Centre at Leeds We obtained planning permission for the redevelopment of the Klondykes Savilles Garden Centre outside Leeds after an Appeal. Here the permission granted by the Appeal in 2008 permitted ‘food and drink sourced from within a 30 mile radius of the site’ within an overall defined area of A1 Retail Use. The Local Planning Authority had not wanted any food sold from the site. In their view food should only be sold from shopping centres. We argued successfully that selling regionally sourced foods helped to diversify the rural economy. 4. Frosts New Redeveloped Garden Centre at Woburn Sands, Bedfordshire This is a large well established Garden Centre situated on the south side of the growing city of Milton Keynes. Malcolm Scott Consultants Limited obtained planning approval for a major redevelopment of the buildings in 2007 and building construction has now been completed. An integral part of the new 2,300m˛ development at Frosts is the 310m˛ Farm Shop which replaces the former 97m˛ shop. All food sold is ‘imported’ on to site and includes a Butchers Department (run as a concession) and a Coffee Counter which forms part of the Delicatessen. The town planning case was that the Farm Shop area was insignificant when assessed against the whole retail development on site and that by agreeing to a maximum m˛ in a defined building this would ‘cap’ the size of the department. 5. Hazelfield Garden Centre, Newent, Gloucestershire (now re-named 3 Shires Garden Centre) We obtained planning permission for the redevelopment of a Garden Centre on the edge of the Forest of Dean. The Farm Shop was set up to sell the produce of a number of local producers who did not have good roadside locations. The concern of the Council was the effect of the proposal on shops in the local town some 5 miles away and where the Council were seeking to regenerate the town centre. Detailed evidence was put forward as part of the planning application to demonstrate that the Farm Shop would in fact help regenerate the rural area by providing an outlet for a number of producers. Data was presented on the range, quantity and value of produce to be sold. 6. Fontley Garden Centre, Hampshire Planning Permission was granted in February 2000 for the redevelopment of the rather run-down Fontley Nurseries site for a Garden Centre, with a brand new Garden Centre building of 3,000m˛, new hardsurfaced Outside Sales Area with Covered Walkways of 2,000m˛, large Restaurant, Children’s Play Area and extended Car Park. The redeveloped Garden Centre was an immediate success. But the Local Planning Authority took enforcement action. At the subsequent Appeal, the Inspector considered whether the Farm Shop in the wing of the main building of some 200m˛ was in breach of planning control. In effect, the Farm Shop was an upmarket delicatessen with no specific link with local producers. The extensive Gift Area and the sale of Outdoor Clothing and Camping Equipment from a separate building were also in question. The Inspector’s view was that while the goods fell outside the scope of the Garden Centre Planning Permission, Malcolm Scott Consultants Limited’s arguments that no harm resulted to town centres were correct. So the Farm Shop got the official Stamp of Approval. 7. Stratford on Avon Garden Centre, Warwickshire A brand new medium sized Garden Centre on the south side of Warwickshire that we obtained planning approval for in 2005. The Farm Shop is approximately 190m˛, it is located near the entrance to the shop for ease of access by customers. The Outline Planning Consent included the sale of food and beverages as an ancillary activity to that of the Garden Centre. 8. Dents of Hilgay, Norfolk Malcolm Scott Consultants Limited obtained planning permission for the development of this Farm Shop and Garden Centre in 2006. The planning permission granted included a 249m˛ extension to the Farm Shop plus a 240m˛ Coffee Shop. The Council were opposed to the development on the grounds of retail in the countryside but by demonstrating that the majority of products would be sourced within a 20 mile radius of the site the development was approved. The Farm Shop product range was broken down by 20 food/drink groups each of which had named suppliers and projected sales. The Coffee Shop kitchen was also designed to enable on-site baking and cooking to take place to supply the Farm Shop. |
