Property Perspectives: Pick Your Own Fruit Businesses
The growing consumer demand for local produce, sustainable food sources and memorable rural experiences has helped to make Pick Your Own (PYO) fruit businesses more popular than ever. What better way to enjoy fresh, locally grown produce than by visiting a farm and harvesting it yourself?
But many modern PYO businesses now offer much more than fruit picking. Farm shops, cafés, children’s play areas, seasonal events and dedicated parking facilities have become commonplace.
Marsha Marriner, Director at Whitehead Monckton, is an expert in the legal aspects of diversifying farming businesses.
“I am fortunate to act for several farming clients who have successfully diversified, including Felderland Farm near Deal, one of the largest Pick Your Own farms in Kent,” she says.
Felderland Farm’s season begins at Easter with an Easter Egg event and PYO tulips, before continuing throughout the year and concluding in October with a hugely popular pumpkin patch event. The farm hosts a variety of family-friendly activities and has become a well-established destination within the local community.
“It’s been a tremendous success,” says Marsha, “but it also highlights many of the key property and legal considerations that can arise when a business model extends beyond traditional farming activities.”
Gary Walters, CEO of HICO Group, adds, “working with a lawyer who understands our business aims has been vital, as the legal advice has been focused on our objectives.”
Whilst more attractions can significantly increase revenue, they may also constitute a material change of use for planning purposes. So, it’s important to review the planning history of a property and ensure that any ancillary activities benefit from the necessary planning permissions and consents. Failure to do so can expose a business owner to enforcement action and may affect future transactions involving the property.
Access and rights of way are another crucial consideration. A successful PYO business can attract substantial visitor numbers, particularly during peak harvesting periods. It is essential to ensure that the property benefits from adequate legal access for customers, staff and suppliers, and that any private rights of way are properly documented.
Increased traffic can place extra pressure on rural road networks, and, in some circumstances, local authorities may demand highway improvements or impose planning conditions. Easements relating to utilities, drainage and signage should also be carefully investigated.
Environmental considerations should form part of any due diligence exercise. Agricultural land may be subject to environmental designations, stewardship agreements, restrictive covenants, or biodiversity obligations which could affect the use and development of the site. Water rights and irrigation arrangements are particularly important for fruit-growing operations and should be verified at an early stage.
Health and safety obligations also take on increased significance when members of the public are invited onto farmland. Farmers considering this type of diversification should review their public liability insurance, boundary responsibilities and risk management procedures. Clear signage, safe parking arrangements, and well-maintained visitor routes can help minimise risks whilst enhancing the overall visitor experience.
“Felderland Farm’s decision to bring the PYO operation in-house has certainly not been without its challenges,” concludes Marsha. “However, through careful planning, investment, and a commitment to creating an enjoyable customer experience, the business continues to grow year on year. It is now firmly established as part of Kent’s thriving local produce scene and is an excellent example of how successful diversification can add value to a rural enterprise.”
The Whitehead Monckton Real Estate team combines legal expertise with commercial acumen to provide rural enterprises with practical, commercially focused advice at every stage.
Photo credit: Izzy Thomas Photography @izzythomasphotography
