Changes to PD Rights for barn conversions, farm diversification schemes and agricultural development to take effect from 21 May 2024
April 30 is often a highly eventful date. Not least because, for some of us, it marks the end of the financial year*, or the start of the immediate run up to the local elections**. Yesterday, was no exception.
On 30 April 2024, the government made The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024.
The Order, which takes effect on 21 May 2024, makes a number of changes to permitted development rights relating to:
- Class Q: Conversions of agricultural buildings to dwellings
- Class R: Changes of use of agricultural buildings to flexible commercial uses; and
- Part 6: Agricultural PD rights more generally.
A very high-level summary of the changes is set out below. I would also recommend reading the explanatory memorandum, that was published alongside the Order, which you can access here.
Changes to Class Q: “Barn Conversions”
The Order completely replaces Class Q of the GDPO.
The revised version of Class Q permits the conversion of the following to a dwellinghouse:
- a building that is part of an established agricultural unit and any land within that building’s curtilage, or
- a former agricultural building that was (but is no longer) part of an
established agricultural unit and any land within that building’s curtilage,
Along with:
- the extension of the building being converted; and
- building operations reasonably necessary to convert the building to a residential use or to extend the building.
The right is limited to allow a maximum of 10 dwellings to be delivered and/ or 1,000 square metres of floorspace to change use. The previous rules relating to larger and smaller houses are also being replaced by a maximum permitted floorspace of 150 sqm per dwelling.
The ability to extend the building as part of the conversion process is also limited to a “a single storey rear extension that does not extend beyond the rear wall of the existing building by more than 4 metres and is on land covered by an existing hard surface”*!.
The revised version of Class Q also some new prior approval requirements and restrictions attached to it.
In particular:
- A new prior approval requirement for conversions that include extensions which relates to “the impact of the proposed extension on the amenity of any adjoining premises”.
- confirmation that a building does not qualify for Class Q rights if it is not large enough to be able to comply with the nationally described space standard prior to its conversion; and
- confirmation that a building does not qualify for Class Q rights if it does not have suitable existing access to a public highway.
There are also some amendments to the prior approval procedure for Class Q as a result of the above.
There are transitional provisions in the Order, but they can be a little tricky to follow, so I have lifted the following straight from the explanatory memorandum:
"Article 10 provides transitional arrangements so that any development that was permitted under Class Q immediately before this Order comes into force but is no longer permitted as a result of this Order will continue to be permitted for a further 12 months. This will allow time for any applications for prior approval prepared under the existing right’s conditions and limitations to be submitted and decided under those conditions and limitations. This includes for example the delivery of larger and smaller homes, but does not include the requirement for suitable existing access to a public highway. Those homes must be delivered within three years of the prior approval date. However, it should be noted that any additional flexibilities being introduced – such as the ability to erect an extension as part of the change of use – will not be applicable to any scheme that delivers dwellinghouses with a floorspace over 150 square metres for this transitional period."
Changes to Class R: “Farm Diversification”
We also have a number of changes to Class R, which permits agricultural buildings to change to a ‘flexible commercial use’.
The most important of which are:
- an increase in the floor area that can change use from 500 sqm to 1,000 sqm.
- a wider range of uses being permitted. The uses allowed under Class R now include general industrial purposes, the provision of agricultural training, and use for outdoor sports or recreation; and
- a new condition has been applied to use for general industrial purposes. Such use has to be limited to “the processing of raw goods (excluding livestock) which, other than ancillary goods, are produced on the site and are to be sold on the site”*!
Changes to Part 6: Traditional Agricultural PD Rights
These come in two parts:
- Changes to PD Rights on agricultural units of 5 hectares or more
- the ground area which may be covered by any building using these PD rights is increased from 1,000 to 1,500 sqm.
- The ability to erect new buildings and extensions on a site that is or is within the curtilage of a scheduled monument has been removed; and
- Any development that was permitted immediately before 21 May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.
- Changes to PD Rights on agricultural units of less than 5 hectares
- the limit on the maximum cubic content by which a building may be increased under these PD rights has been raised from 20% to 25%.
- the limit on the ground area of any building extended under these PD rights has increased from 1,000 square metres to 1,250 square metres.
- the ability to extend a building on a site that is or is within the curtilage of a scheduled monument has been removed; and
- Any development that was permitted immediately before 21 May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.
So, in short, it looks as if life might be made slightly easier for those looking to re-purpose or expand agricultural buildings moving forward*$…. and that Clarkson's Farm might be a little less planning-heavy in the future.
*Happy New Year, Everyone!!!!
** to all of my readers in Local Government: Good Luck!…. and remember… times like this are the reason that humanity invented family-size bars of chocolate.
*! she says, quoting the explanatory memorandum.
*$ provided they aren't near a scheduled monument
5.4 This Order amends four existing permitted development rights that allow for agricultural development and the change of use of agricultural buildings. The changes
will support the agricultural sector and rural communities by providing further flexibility for farmers to undertake works on their agricultural units, enable development of former agricultural buildings, farm diversification and deliver new homes without having to submit a planning application.”
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