The Habitats Regulations and Permitted Development for agriculture, temporary campsites and events
In this section:
- Permitted development and impacts on Special Areas of Conservation
- Agricultural development
- The 28 Day Rule for recreational campsites for tents
- The 28 Day Rule and temporary use of land e.g. for events, festivals and car parks
- Next steps for all Permitted Development for agriculture, temporary campsites and events, etc.
- Notifying the Local Planning Authority to obtain a prior approval determination:
- Agricultural development
- Temporary campsites for tents
- Temporary use of land for events, etc.
- Permitted Development and impacts on Special Areas of Conservation
Permitted Development rights allow individuals and developers to make certain changes to buildings or land without the need to apply for, and obtain, planning permission from the Local Planning Authority. Most Permitted Development rights are subject to certain conditions and limitations and in some instances can be withdrawn. Development that may be otherwise covered by Permitted Development rights may also be restricted in certain protected areas (for example, National Parks and conservation areas) and for listed buildings.It is always advisable to seek advice before carrying out any works that you consider may be Permitted Development.
The Conservation of Habitats & Species Regulations 2017 (as amended) impose a condition on Permitted Development proposals such that development that is likely to have a significant effect on a Special Area of Conservation must not commence until the Local Planning Authority has given written approval.
This can relate to any impacts on the designated features of Special Areas of Conservation but is of particular relevance to Permitted Developments within nutrient-sensitive Special Areas of Conservation catchments that involve additional nutrients or new/additional foul drainage flows. In the Bannau Brycheiniog [Brecon Beacons] National Park these include the River Usk, Wye and Tywi catchments as well as the River Loughor catchment, which drains to the Burry Inlet Inner (part of the Carmarthen Bay and Estuaries Special Area of Conservation).
This includes, but is not limited to:
- Agricultural developments
- “28-day rule” for temporary campsites for tents
- Temporary use of land for events, festivals and car parks
Further information on the locations and designated features of Special Areas of Conservation is available from DataMapWales and Natural Resources Wales:
Special Areas of Conservation ( Special Areas of Conservation ) | DataMapWales
Natural Resources Wales / Find protected areas of land and sea
A map of the nutrient-sensitive catchments is available at: QGIS Web – Bannau Brycheiniog
Agricultural Development
Permitted Development means that if your farm is 5 hectares or more, you have the right to:
- Erect, extend or alter an (unlisted) building
- Carry out excavations and engineering operations needed for agricultural purposes, though you may still require approval for certain details of the development
You must notify the Local Planning Authority of your intention to utilise your Permitted Development rights to determine whether Prior Approval is required or not.
Natural Resources Wales has advised all Local Planning Authorities in Wales that the types of agricultural development that may have a Likely Significant Effect on a nutrient-sensitive catchment include:
- Livestock housing – any proposals where there is a change in type of livestock or an increase in numbers
- Facilities and buildings for treatment of livestock manure, slurries and other organic manures e.g., anaerobic digestion or composting
- New or substantially altered manure / slurry store – all manure types including other ‘organic manures’ for example digestate or compost
- Silage clamps and associated infrastructure to contain high nutrient content effluent
- Farm constructed wetlands
- Horticultural development, including packhouses and polytunnels
- Livestock handling facilities
You are likely to require prior written approval or full planning permission for all these types of development where they are located within a nutrient-sensitive catchment.
For further information on agricultural developments and permitted development, please see the Natural Resources Wales guidance.
The 28 Day Rule for recreational campsites for tents [in designated landscapes]
*The rules on permitted development rights for temporary campsites changed in 2026*.
On 1 September 2026, the permitted development rights for the temporary use of land for campsites for tents changed. If you own or operate a temporary campsite, you will need to prepare for this change and ask your planning authority whether or not prior approval is needed for your site.
The rules are now different for sites in designated landscapes (National Parks, National Landscapes and World Heritage Sites) to those for sites in the rest of Wales; the 28 Day Rule still applies in the National Park. This allows for the use of land for tented camping only, without formal planning permission for 28 days in a calendar year subject to conditions and a new process. This new process requires notification to the Local Planning Authority and, in some instances, an application for Prior Approval.
See further detail from the Welsh Government on these changes and the new process: Planning permission: permitted development rights for temporary campsites | GOV.WALES
The Welsh Government has issued a form for this new process: Determination of whether prior approval is required: temporary recreational campsite | GOV.WALES
There continues to be restrictions as to what is permitted under planning regulations for the 28 Day Rule for temporary camping sites. The Permitted Development does not allow for the construction or installation of other infrastructure, such as toilet blocks or private sewage treatment systems. If you have any doubts, please seek legal advice or contact the Development Management team.
The 28 Day Rule and temporary use of land, e.g. for events, festivals and car parks
The 28 Day Rule allows a landowner to temporarily use land for up to 28 days in any calendar year for certain temporary uses which can include events, festivals and car parks. The 28 days do not need to be consecutive and includes the setting up and removal of any temporary structures. Please note that if the land is used for more than 28 days, a specific planning permission will be required. If you have any doubts, please seek legal advice or contact the Development Management team.
The Natural Resources Wales guidance includes further details on permitted development and the use of private wastewater treatment systems and portable toilets – please see here:https://naturalresources.wales/guidance-and-advice/business-sectors/planning-and-development/our-role-in-planning-and-development/advice-to-planning-authorities-for-planning-applications-affecting-phosphorus-sensitive-river-special-areas-of-conservation/?lang=en
- Next Steps
For proposals that are considered to be Permitted Development, developers are advised to first seek the opinion of Natural Resources Wales as to whether the development is likely to have a significant effect on a Special Area of Conservation.
The requirement to consider potential impact of Permitted Development on Special Areas of Conservation is provided in Regulations 75-77 of the Conservation of Habitats and Species Regulations 2017 (as amended) (the ‘Habitats Regulations’). The process is explained on pages 69-73 of the Welsh Government’s Technical Advice Note (TAN) 5 Technical advice note (TAN) 5: nature conservation and planning | GOV.WALES and a useful flow chart is included in Figure 2 of Annex 5.
You are advised to contact Natural Resources Wales via email with a clear explanation of your proposals and a specific request that you are seeking Natural Resources Wales’ opinion on Likely Significant Effects on a Special Area of Conservation in accordance with Regulations 75-77 of the Conservation of Habitats and Species Regulations 2017 (as amended).
Natural Resources Wales’ email address is: mi*********@**********************ov.uk and we suggest giving your email a title of: “Permitted Development Rights/Habitats Regulations” to assist Natural Resources Wales in the processing of this request. You will need to give information to Natural Resources Wales on any impacts on Special Areas of Conservation, such as increases in nutrients and foul drainage.
Relevant information for agricultural Permitted Development will include details of new, extended or alternative livestock housing, including changes in the number and/or type of livestock.
If the Permitted Development proposal is for tented camping please see the Welsh Government form below for the type of information you should provide.
For events and festivals, you should outline the proposed way foul drainage and grey water (i.e. from washbasins, showers, kitchen facilities) will be managed as part of your temporary event. We also advise providing Natural Resources Wales with the details of the location, timing and duration of the event (including setting up and taking down periods), whether any temporary watercourse crossings will be required, and/or if there will be public access to any riverbanks, e.g. for swimming, paddling, canoeing, novelty races, etc.
Where Natural Resources Wales considers a likely significant effect cannot be ruled out, then developers must obtain written approval from the Local Planning Authority prior to the development (including events) taking place in order to proceed.
- Notifying the Local Planning Authority to obtain a Prior Approval determination:
Agricultural Permitted Development
Please follow the process below for notifying the Local Planning Authority of your intention to utilise your permitted development rights.
An application for Prior Notification form should be used for proposals to carry out certain agricultural and forestry developments permitted under Parts 6 and 7 of the Town and Country Planning (General Permitted Development) Order 1995. The Local Planning Authority has 28 days in which to let the applicant know of its decision whether a full application is required.
Prior Notification of proposed Agricultural or Forestry Development
Please also submit the relevant fee and a copy of all correspondence with Natural Resources Wales if you have sought a formal opinion under the Habitats Regulations.
If Natural Resources Wales have already advised you that likely significant effects on a Special Area of Conservation cannot be ruled out, it is likely the Local Planning Authority will need to undertake a Habitat Regulations Appropriate Assessment as part of the Prior Approval process. You will need to provide an appropriate level of information to inform the assessment, including any relevant mitigation measures required to avoid adverse impact on the integrity of the Special Area of Conservation (SAC).
Please note the responsibility to be able to demonstrate that your Permitted Development proposal would not result in a significant effect on a Special Area of Conservation still applies irrespective of whether a response has been issued by the Local Planning Authority within the required 28 days.
Temporary recreational campsites for tents
PLEASE NOTE: You will need to notify the Local Planning Authority of your intention to use your Permitted Development rights under the 28 Day Rule every year.
For temporary recreational campsites for tents, please complete the Welsh Government’s form and send it to the Local Planning Authority. This includes a requirement to submit details of foul drainage. The local planning authority has 28 days in which to let the applicant know of its decision whether prior approval is required.
Determination of whether prior approval is required: temporary recreational campsite | GOV.WALES
Please include a copy of all correspondence with Natural Resources Wales. There is currently no fee for the notification and prior approval process.
If Natural Resources Wales have already advised you that likely significant effects on a Special Area of Conservation cannot be ruled out, it is likely the Local Planning Authority will need to undertake a Habitat Regulations Appropriate Assessment as part of the Prior Approval process. You will need to provide an appropriate level of information to inform the assessment, including any relevant mitigation measures required to avoid adverse impact on the integrity of the Special Area of Conservation.
Please note the responsibility to be able to demonstrate that your permitted development proposal would not result in a significant effect on a Special Area of Conservation still applies irrespective of whether a response has been issued by the Local Planning Authority within the required 28 days.
Temporary events, festivals, car parks, etc.
PLEASE NOTE: You will need to notify the Local Planning Authority of your intention to use your Permitted Development rights under the 28 Day Rule every year.
If a conclusion of no likely significant effect has been provided by Natural Resources Wales following initial consultation, then Natural Resources Wales’ opinion on the issue can be considered conclusive. We advise a copy of the Natural Resources Wales response is provided to the Local Planning Authority for our records.
In all other cases, please use the form below which has been devised for such proposals and includes a helpful flow chart. You should outline the proposed way foul drainage and grey water (i.e. from washbasins, showers, kitchen facilities) will be managed as part of your temporary event.
Please also submit the required fee of £30 and include a copy of all correspondence with Natural Resources Wales.
If Natural Resources Wales have already advised you that likely significant effects on a Special Area of Conservation cannot be ruled out, (or no opinion has been sought), it is likely the Local Planning Authority will need to undertake a Habitats Regulations Appropriate Assessment before deciding whether to issue written approval. You will need to provide an appropriate level of information to inform the assessment, including any relevant mitigation measures required to avoid adverse impact on the integrity of the Special Area of Conservation.
Please note there is no statutory deadline for processing applications submitted under Regulation 77 of the Habitat Regulations. We will, however, endeavour to process the application within 8 weeks, which allows time to consult internal consultees and Natural Resources Wales, and is commensurate with other statutory prior approval timescales.
The responsibility to be able to demonstrate that the permitted development proposal would not result in a significant effect on a Special Area of Conservation still applies irrespective of whether a response has been issued by the Local Planning Authority within 8 weeks.