Adding a Large Pond is a Big Problem

Q: We bought a derelict farm with five acres of grassland, with the aim of converting the building into a home – for which we were granted permission – and creating a third-of-an-acre pond for wildlife and fishing. We contacted the local planning department, hoping to create a pond under the Government’s ‘Million Pond Project’, but were advised that the site is ‘open countryside’ and the pond will result in agricultural land being taken out of production. As such, any application will be refused unless we prove the pond is essential for agriculture or supports a rural diversification strategy. The current planning consent includes a stable adjoining the house; could we reapply to turn this into a holiday let, and stock the pond for private fishing for the guests?

- Stefan Williams, via email

Sally Tagg answers: Your question relates to the potential development of a pond for recreational purposes on agricultural land. There are two possible strategies that could be used to bring such a development forward. The first strategy would be a change of use so that the agricultural land forms part of the residential curtilage. A pond of the size proposed would still need planning permission as it would likely constitute an engineering operation, but this can form part of the same application.

The overriding issue in this strategy would be visual impact. For example, how would the scheme impact upon the local area? You need to ensure that the area would not become domesticated and that the scheme blends in with the wider landscape and agricultural nature of the area.

It would also be important to demonstrate to the local planning authority that the area would not be developed in the future to include buildings or additional domestic paraphernalia, such as sheds. And, at the heart of any application would be a detailed landscaping scheme to tie all the elements of the site together.

An application would also need to demonstrate that the agricultural land is not valuable and that the potential ecological enhancements would outweigh any losses in this respect. This strategy would, therefore, allow the creation of the pond and a wider wildlife area, which would effectively be part of your garden.

The second strategy would relate to rural diversification in respect of a commercial recreational activity. Again, you would need to demonstrate that the agricultural land is not valuable and that the ecological benefits would be wide ranging. A change of use of the stable into holiday accommodation would be a useful addition to an application for the pond as part of a rural diversification strategy. The stable and pond would be linked to provide holiday accommodation based upon rural pursuits, and a legal agreement and/or conditions would be used to link the two elements.

For a commercial activity, it will again be important to consider the visual impact, as well as any potential traffic implications. A limited use may not be detrimental to the area or the landscape; however, this depends on the site, the local road network and area.

In terms of converting the stable, the local authority will require, as part of its planning policies, buildings that are in a structurally sound condition and that the reuse of the structure for employment purposes has been explored. It may also limit the occupation of any such conversion to a maximum of 28 days for any person, to stop it becoming a separate permanent dwelling.

I believe there is potential in pursing either route; however, there are a number of complex issues involved and, therefore, no guarantee of obtaining planning permission. A detailed and robust case would be needed in respect of both planning and design issues in order to bring any scheme forward.

Sally Tagg is a Chartered Town Planner and the founder of Foxley Tagg Planning (foxleytaggplanning.co.uk)

Further reading:

• Find more expert advice in 'Ask the Experts'
• How to Self-build or Renovate in the Countryside
• An Eco-friendly Farmhouse with a Swimming Pond