Permitted Development rights have long been an important tool, but in recent years the Government has regularly extended and tinkered with such rights such that they are more generous than ever! This contrasts with the evermore complex and convoluted process of applying for outline and / or full permission.
Following a suite of consultations last year, the Government has overhauled Schedule 2 Part 3 Classes Q and R which respectively allow for the change of uses of agricultural buildings to dwellinghouses and flexible commercial uses subject to the satisfaction of certain provisions and conditions.
Furthermore, the Government have overhauled Schedule 2, Part 6, Classes A and B, which allows for agricultural development on holdings of 5ha or more and less than 5ha respectively.
It remains necessary to apply to the local planning authority for a determination as to whether the prior approval is required, having regard to a streamlined list of planning issues. It also remains the case that developments must be completed within three years.
Amendments to Part 3, Class Q for conversion to residential dwellings
Great care and diligence is required when harnessing Class Q, as it is easy to get caught out, not least because of the interplay with agricultural permitted development rights under Part 6 (Classes A and B). However, these latest updates do provide some helpful clarifications and extensions; The most prescient being:
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- The description of Class Q has been amended to encompass ‘former agricultural buildings’ too, catering for events where buildings have been severed from the established agricultural unit but no intervening use (but there are caveats).
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- Class Q now allows for single storey rear extensions too, although the land must have been hard surfaced as of 24rd July 2023 and restrictions on the dimensions of the extension apply.
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- The previous notion of ‘large – up to 465sqm’ and ‘small – up to 100sqm’ dwellinghouse has been dropped in favour of a blanket maximum floorspace of 150sqm per dwelling, subject to a maximum total of 10 dwellings / 1,000sqm. Transitional arrangements for those who have previously exercised Class Q is inferred so it might be worth looking at whether there is any further potential.
The previous consultation had asked about whether Class Q should apply in National Parks and National Landscapes (formerly known as AONBs), but this has not been caried through.
Amendments to Part 3, Class R for conversion to flexible commercial
Great care and diligence is required when harnessing Class R, as it is easy to get caught out. However, these latest updates do provide some helpful clarifications and logical extensions; The most prescient being:
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- Class R now allows for conversion to general industrial (for processing of raw goods, excluding livestock, for sale on-site – we take this to be creameries etc) , ancillary buildings supporting outdoor sport and recreation uses and agricultural buildings in addition to the well healed storage and distribution, commercial business or service uses, and hotels.
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- Allows for 1,000sqm of floorspace as opposed to the previous 500sqm.
Amendments to Part 6, Class A for agricultural development on agricultural holdings of 5ha+
It is worth noting that the update allows for new or extended agricultural buildings with a maximum footprint of 1,500sqm, as opposed to the previous limit of 1,000sqm introduced in 2018 .
Amendments to Part 6, Class B for agricultural development on agricultural holdings of less than 5ha
It is worth noting that the update allows for extensions equating to no more than 25% of the cubic content of the original building, subject to a maximum footprint of 1,250sqm, as opposed to the previous limit of 20% / 1,000sqm introduced in 2018.
Development potential and next steps?
Brett Spiller, Director at Chapman Lily Planning commented:
‘The amendments come into effect on 21st May 2024.
The Government claim that the amendments will bring redundant rural buildings back into use and boost the supply of housing and employment premises in rural areas. There is no doubt that beyond a patch work of Neighbourhood Plans, the planning system has largely neglected rural areas, so these new tools will be broadly welcomed. However, the sceptics amongst you might be excused for observing that Classes Q and R favour those with property assets and that Class Q does not correlate with affordable housing thresholds that would otherwise apply to full applications. I’ll leave you to draw you on conclusions, but there is no doubt that the amendments will help to liberate further development potential. For those of you who follow our news feed and linked in pages you’ll know that we have plenty of experience in securing approvals under Classes Q and R. Chapman Lily Planning would be pleased to undertake due diligence, and where appropriate, submit an application to determine whether prior approval is required, on your behalf.
The updates to agricultural permitted simply reflect modern agricultural practices and needs, so will no doubt be well received. Generally speaking, I would only advocate exercising such rights in the context of a long-term masterplan / vision for the farm as a whole.’
For more information on next steps please contact us.
