Calling all farmers and rural landowners

Get ready folks, it is another date for your planning diary. This time, if your interest is in Class Q, Class R, barn conversions, agricultural development or farm diversification then the 21st May 2024 is a date you need highlighted, underlined, and in bold.

New legislation will be coming into force on this day (subject to transitional provisions), The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 no less. There is a lot of detail to pick through and as with anything to do with Permitted Development, a whole host of caveats, grey areas and what-ifs to be pondered.

An overview of the key changes to Class Q, Class R and agricultural PD

Amendment of Class Q of Part 3 – buildings on agricultural units and former agricultural buildings to dwellinghouses

The definition and scope is widened – migrating from solely ‘agricultural buildings to dwellinghouses’ to the broader scope of ‘buildings on agricultural units and former agricultural buildings to dwellinghouses.’ This means that non agricultural buildings may benefit from class Q such as stables, provided they are part of an established agricultural unit;
Single storey extensions will be allowed – but only provided there is existing hardstanding which predates 24th July 2023; the extension is to the rear of the barn, doesn’t exceed 4m, etc.;
The scope of development permitted under Class Q is increased – to a maximum of 10x dwellings. The floor space of any dwellinghouse developed under Class Q cannot exceed 150 sqm, and the cumulative floor space cannot exceed 1,000 sqm.

It is worth noting that as part of these revised provisions, only buildings of a pre-development size that are capable of complying with the nationally described space standards may be converted to a dwelling and extended. Furthermore, in order to benefit from Class Q, you need an existing suitable access to a public highway and the existing building must be capable of conversion.

Amendment of Class R of Part 3 – agricultural buildings to a flexible commercial use

Use classes updated and range of commercial purposes expanded- the use classes have been updated to Class B2 (general industrial), Class B8 (storage or distribution, Class C1 (hotels), Class E (commercial business or service), Class F.2(c) (outdoor sport or recreation) and a new addition of ‘(b) for the provision of agricultural training;’
Size increase – the cumulative floor space of buildings that may change use under Class R has been increased to 1,000 square metres.

A point of clarification in regards to B2 from the new Act: ‘…where the site is to be used for general industrial purposes within Class B2, it must only be used for the processing of raw goods, excluding livestock, which are produced on the site and are to be sold on the site.’

Updates to Agricultural PD

There have also been changes to agricultural permitted development rights, for Class A and Class B of Part 6. Key changes include:

Both have seen an increase in the ground area which may be covered by any building using these PD rights. This means an increase from 1,000 to 1,500 square metres on agricultural units of 5 hectares or more. And for agricultural units of less than 5 hectares, there is an increase from 1,000 square metres to 1,250 square metres. Furthermore, the maximum cubic content by which a building may be increased under PDR for agricultural units of less than 5 hectares has been upped to 25%;
It is also worth noting that you can no longer erect new buildings and extensions on land or a building that is a scheduled monument or within the curtilage of the same;
And as for the transitional provisions – if your proposed development was permitted immediately before the 21st May 2024 but under the new legislation this is no longer the case, then you have 12 months to carry out the previously permitted development under Class A or Class B until the 20th May 2025. And you may make an application for a determination as to prior approval in relation to the previously permitted development under Class A or Class B until the 20th May 2025.

Caveats, conditions and prior approval

There are a lot of caveats to Class Q, (nearly 3 pages of them) and familiar restrictions apply. For example, there are limitations on the extent of building operations allowed to facilitate the conversion; and there are some common restrictive land designations, such as Class Q development is not allowed on land that is or forms part of:

a site of special scientific interest;
a safety hazard area;
a military explosives storage area.

Also, Class Q is not permitted if the site is, or contains, a scheduled monument; or if the building is a listed building.

Any Class Q application will be subject to the prior approval process. This involves an application to your local authority to determine whether the prior approval of the local authority will be required in regard to:

transport and highways;
noise impacts;
contamination risks;
flooding;
whether the location or siting of the building is in fact undesirable in terms of its proposed change to C3;
the design or external appearance, and;
the provision of adequate natural light in all habitable rooms of the dwellinghouses;
and the provisions of paragraph W (prior approval).

It is also worth noting that the transitional provisions mean that where development is permitted under Class Q immediately before 21st May 2024 and is no longer permitted under Class Q on and after 21st May 2024 then there is the possibility to apply for and secure prior approval under the pre- 21st May 2024 Class Q, until 20th May 2025.

What do these changes to agricultural PDR mean in practice

Our rural planning expert Sam Eachus has been reviewing the proposed changes and feels that the 21st May presents a real opportunity for farmers and landowners to take stock and re-examine the development potential of their farmyards:

Of course Class Q PDR remains a bit of a minefield, and it will be interesting to see how the proposed changes play out, but fundamentally the new legislation means that more buildings now fall under the scope of Class Q. (i.e. stables, workshops, etc). This is really significant, probably more so than the actual increase in the number of dwellings you can create. But there is still a need to demonstrate that the buildings are part & parcel of a wider farm enterprise. Also, although not new, it is certainly important to reiterate that buildings must be capable of conversion. This is possibly the most common topic at appeal. So if your agricultural building is falling down and isn’t structurally sound then it would not benefit from Class Q.

If you are interested in understanding more about these recent changes and how they might impact your development options moving forwards then feel free to contact us.

About us

We are Plainview Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.

Resources

The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024
The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 – Explanatory Memorandum
PPG – hasn’t been updated at the date of this article – this will likely happen on or after the 21st May 2024
Relevant for pre 21st May Class Q applications: The Town and Country Planning (General Permitted Development) (England) Order 2015