On 30th April 2024 the Government updated the Town and Country Planning (General Permitted Development etc.) Order for England with Statutory Instrument 2024 No 579.
This contains some significant changes including:
Amendment of Class Q
(Agricultural buildings to dwelling houses)
Class Q development will now include the change of use of buildings on an established agricultural unit or a former agricultural building (now no longer part of an agricultural unit) and any land within that building’s curtilage.
• For an existing farm building, the building must have been part of the established agricultural unit on 24th July 2023 (formerly April 2013) or if after that date then for a period of at least 10 years before the date of development of the class Q begins.
• For a former agricultural building, it must not have been used for any non-agricultural purpose since it ceased to be part of an agricultural unit.
Other significant changes are:
• Maximum floor space of each Class Q dwelling is reduced from max of 465m2 to 150m2.
• Maximum number of dwellings that can be created has been increased to 10.
• The combined maximum floorspace has been increased from 865m2 to 1,000m2 for up to 10 dwellings.
• Extensions of up to 4m are permitted in some cases.
Class Q does not apply where the property is listed or where it is within a National Park, an Area of Outstanding Natural Beauty, an area
designated as a Conservation Area, and land within World Heritage Sites.
Tim Hector, Director and Rural Surveyor at Cooper and Tanner said: “So, there is good and bad news for Class Q. A larger overall area can be developed under permitted development rights, but the individual maximum dwelling size is reduced. There are more details in the legislation and as ever, each case will need to be looked at on an individual basis.”
Amendment of Class R
(Agricultural buildings to a flexible commercial use)
Class R development comprises a change of use from an agricultural building and its curtilage to a flexible use falling within one
of the following Use Class Orders:
• Class B2 (general industrial) (restrictions apply)
• Class B8 (storage or distribution)
• Class C1 (hotels)
• Class E (commercial, business or service)
• Class F.2(c) (outdoor sport or recreation)
• For provision of agricultural training
Erection or Extension of Agricultural Buildings
For development on farms over 5ha, the previous limitation of 465m2 for a farm building erected or extended under the prior notification route is increased to 1500m2.
Applicants must still apply to their local planning authority for a determination as to whether prior approval is required as to the siting appearance and design of the building. The application must be accompanied by a written description of the proposal including
details of the materials to be used and a plan indicating the site and the required fee.
Development must not begin before either:
i. Receipt of a written notice of the determination from the LPA that prior approval is not required.
ii. If prior approval is required, then the subsequent giving of such approval; or
iii. The expiry of 28 days of receipt of the notice if nothing further is heard.
Transitional Provisions
Where you have for example a bigger barn that will no longer fall within permitted development, it is still possible under transitional provisions to make an application for determination as to prior approval in relation to previously permitted development under class Q until the end of 20th May 2025 under the old rules.
Tim continues: “In light of this it is probably worth capitalising on any potential barn conversions and looking carefully at what is possible on your farm under these new rules (in case they are changed again!).
For further information contact Tim Hector or Rob Jones on 01373 831010.
This contains some significant changes including:
Amendment of Class Q
(Agricultural buildings to dwelling houses)
Class Q development will now include the change of use of buildings on an established agricultural unit or a former agricultural building (now no longer part of an agricultural unit) and any land within that building’s curtilage.
• For an existing farm building, the building must have been part of the established agricultural unit on 24th July 2023 (formerly April 2013) or if after that date then for a period of at least 10 years before the date of development of the class Q begins.
• For a former agricultural building, it must not have been used for any non-agricultural purpose since it ceased to be part of an agricultural unit.
Other significant changes are:
• Maximum floor space of each Class Q dwelling is reduced from max of 465m2 to 150m2.
• Maximum number of dwellings that can be created has been increased to 10.
• The combined maximum floorspace has been increased from 865m2 to 1,000m2 for up to 10 dwellings.
• Extensions of up to 4m are permitted in some cases.
Class Q does not apply where the property is listed or where it is within a National Park, an Area of Outstanding Natural Beauty, an area
designated as a Conservation Area, and land within World Heritage Sites.
Tim Hector, Director and Rural Surveyor at Cooper and Tanner said: “So, there is good and bad news for Class Q. A larger overall area can be developed under permitted development rights, but the individual maximum dwelling size is reduced. There are more details in the legislation and as ever, each case will need to be looked at on an individual basis.”
Amendment of Class R
(Agricultural buildings to a flexible commercial use)
Class R development comprises a change of use from an agricultural building and its curtilage to a flexible use falling within one
of the following Use Class Orders:
• Class B2 (general industrial) (restrictions apply)
• Class B8 (storage or distribution)
• Class C1 (hotels)
• Class E (commercial, business or service)
• Class F.2(c) (outdoor sport or recreation)
• For provision of agricultural training
Erection or Extension of Agricultural Buildings
For development on farms over 5ha, the previous limitation of 465m2 for a farm building erected or extended under the prior notification route is increased to 1500m2.
Applicants must still apply to their local planning authority for a determination as to whether prior approval is required as to the siting appearance and design of the building. The application must be accompanied by a written description of the proposal including
details of the materials to be used and a plan indicating the site and the required fee.
Development must not begin before either:
i. Receipt of a written notice of the determination from the LPA that prior approval is not required.
ii. If prior approval is required, then the subsequent giving of such approval; or
iii. The expiry of 28 days of receipt of the notice if nothing further is heard.
Transitional Provisions
Where you have for example a bigger barn that will no longer fall within permitted development, it is still possible under transitional provisions to make an application for determination as to prior approval in relation to previously permitted development under class Q until the end of 20th May 2025 under the old rules.
Tim continues: “In light of this it is probably worth capitalising on any potential barn conversions and looking carefully at what is possible on your farm under these new rules (in case they are changed again!).
For further information contact Tim Hector or Rob Jones on 01373 831010.