New changes to Class Q and Class R planning law should make it easier for farmers to repurpose agricultural buildings
Fri 03 May 2024
The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 passed on 30th April to take effect on 21st May 2024 makes some potentially valuable changes for farmers to permitted development rights on Class Q, Class R and Agricultural Permitted Development in general.
In brief, the explanation for the new legislation states “The order makes changes to permitted development rights that allow for agricultural development and the change of use of agricultural buildings to flexible commercial uses and dwellinghouses. The changes will provide greater planning flexibility to encourage rural growth, housing delivery and support the agricultural sector.”
It goes on to say “Permitted development rights have an important role to play in the planning system. They are a tool to support growth, by providing certainty and removing the time and money needed to submit a planning application. Permitted development rights can incentivise certain forms of development and provide flexibilities and planning freedoms to different users, including businesses and local authorities.
Class Q of Part 3 of the General Permitted Development Order
This allows agricultural buildings to change use to dwellinghouses. Article 3 of this Order substitutes an amended version of Class Q that will allow a building on an existing established agricultural unit and former agricultural buildings that were previously part of an established agricultural unit to change use to dwellinghouses.Here’s a breakdown of the benefits:
• More homes: Up to 10 dwellings can be created (previously 5).
• Bigger homes: Each dwelling can now be up to 150 square metres (previously capped at different sizes).
• Larger conversions: A total of 1,000 square metres of floor space can be converted (previously 865 sq. m).
• Limited extensions: As part of the change of use, a single-story rear extension up to 4 metres deep are allowed, on existing hard surfaces, built alongside the conversion.
• Extension as part of the change of use: The extension must be developed at the same time as the change of use, and cannot be added to an existing dwellinghouse that has previously been developed under Class Q.
• Prior approval needed for extensions that impact on immediate neighbours.
• Conversion requirements: Buildings must meet national space standards and have existing access to a public highway to benefit from these new rights.
This change offers an opportunity to breathe new life into unused farm buildings, create more housing options and diversify generating new income from renting or holiday accommodation.
If you have already submitted a planning application under the old Class Q rules there are some implications to be aware of:
• Existing applications with prior approval under the old rules (even for larger/smaller homes) will be valid for 12 months after the new law takes effect.• You have 3 years to complete construction based on the old approval date.
• New benefits like building extensions won't apply to projects exceeding 150 sq. m floor space per dwelling under this transitional period.
Class R of Part 3 of Schedule 2 of the General Permitted Development Order
This permits the change of use of agricultural buildings to a range of commercial uses. We see this as having potential benefits:
• More space: You can now convert up to 1,000 square meters of agricultural buildings for commercial purposes (previously 500 sq. m).• Wider range of uses: General industrial purposes, agricultural training facilities, and outdoor sports/recreation areas are now all permitted uses.
• Supporting rural businesses: This expansion allows for greater farm diversification and new opportunities for the rural economy.
• Note for industrial use: Processing of raw materials produced onsite and sold there is allowed but excludes livestock and limits ancillary goods (materials used in production).
Class B Part 6 of the General Permitted Development Order gives farmers greater flexibility
• Larger agricultural buildings: You can now erect or extend buildings up to 1,250 square meters (previously 1,000 sq. m) for your agricultural needs. This provides more flexibility for modern farming practices.
• Scheduled monument restrictions: New buildings and extensions cannot be built on scheduled monuments or their curtilage.
• Grace period for existing applications: If you had a permitted application under the old Class A rule for a scheduled monument location, you have 12 months to proceed.
In summary, the changes to the law mean this Order amends the General Permitted Development Order to make changes to four permitted development rights, including the right that allows agricultural buildings to change to residential use, the right which allow agricultural buildings to 4 CO/EM/2024.1 change to commercial uses, and the rights which enable farmers to carry out development in relation to agriculture.
If you would like to explore the opportunities this may open up for your redundant farm buildings in rural Lincolnshire, please contact our planning and development expert Lauren Chamberlin on 01507 350511 or email lauren@masonsandpartners.co.uk. We are here to help you.