Author: Jasmine Philpott

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Three big changes in planning and how they could affect you

planning

The Labour government has wasted no time in implementing their promised overhaul of the current planning system. The announcement of these potential changes has coincided with other local policy developments, which could combine to significantly change the planning landscape in our area – hopefully for the better.

Durrants’ Senior Planner and Diss resident, Jasmine Philpott, summarises the changes.

  1. District-wide support for rural self and custom build housing

The Greater Norwich Local Plan (GNLP), which covers South Norfolk, Broadland and Norwich, was adopted in March this year. The Plan contains policies which guide development across these three districts, alongside more specific documents which focus solely on South Norfolk.

One of the policies brought into force supports applications for up to 3 self or custom build dwellings adjacent to rural settlements or rural built-up areas. This is the only local plan in Norfolk or Suffolk to offer such endorsement for self-build housing outside of major settlements.

Self and custom build housing allows people to build their own home to live in, versus a developer building homes and selling them once completed. Broadly speaking, a self-build home is one which the owner has physically built themselves, whereas a custom-build home generally means the owner has hired contractors to carry out the work to their own specification. Either way, the key factor is that the owner of the plot will live in the house once it is built.

To qualify for a plot, you must be registered on the District’s self-build register (which you can easily find online). The Council are currently consulting on whether to introduce a local connection test to qualify for the register.

For local landowners with small parcels of land adjacent to existing housing (i.e. a hamlet or village), this new policy could be an opportunity for an outline application, with a view to then sell the plots to self-builders.

However, it is important to bear in mind that if you are in the Nutrient Neutrality catchment, which roughly spans the area west of Bunwell – Topcroft – Rockland St Mary, you will likely not be able to secure planning permission in the current circumstances. More on this below.

  1. Unlocking development held up by Nutrient Neutrality

Around half of South Norfolk is within the Nutrient Neutrality catchment. Planning applications for housing in these areas have been largely stalled since March 2022 due to water quality concerns. However, the Labour government have indicated that they will be unlocking development in affected areas.

The latest idea is to allow permission to be granted, with occupation of dwellings prevented until nutrient concerns have been addressed. The full details of the government’s proposals have yet to be confirmed.

  1. A new National Planning Policy Framework

The NPPF is the national planning document which dictates how district-level planning can be undertaken. Consultation on significant changes to the Framework is currently underway, and anyone can comment on the draft document.

Among the key amendments proposed, the new NPPF would change the way in which housing need is calculated, ultimately meaning that more houses will be built in each District. More pressure will be placed on Councils to deliver their housing supply and to have up to date local plans.

More support for developing brownfield land is proposed, as well as expanding the definition thereof to allow more land uses to qualify. And controversially, more support is given for clean energy, including onshore wind which had become almost extinct under the previous government.

As expected, the Planning climate in our area is changing to one that is fundamentally pro-development. This will come as good news to some, and bad news to others. However, there are opportunities to be had for many of us that did not exist under the previous government, which I think can only be positive.

This article originally appeared in the print edition of the Diss Express.

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What is Clarkson’s Law, and did Jeremy Clarkson have anything to do with it?

clarksons law

Jasmine Philpott, Durrants Senior Planner and Development Surveyor looks at whether Clarkson’s planning battles have changed agricultural permitted development rights. 

Jeremy Clarkson’s ongoing battle with his local planning authority in his various attempts to diversify Diddly Squat Farm often makes headlines, but recent reports link him to the latest shake-up of agricultural permitted development rights.

So, what are the changes, and did Jeremy Clarkson really influence them?

Changes to Class Q and Class R were announced by government on 30th April, and came into force on 21st May, with a transitional period until 21st May 2025.

Class Q allows for the change of use of buildings from agriculture to dwellinghouses. As of 21st May:

  • There has been an increase in the total number of dwellings from 5 to 10
  • There has been an increase in the total maximum floorspace that can change use, from 865sqm to 1,000sqm
  • A maximum individual dwelling size of 150sqm (previously 465sqm) has been introduced
  • The previous date of March 2013 has been updated to 24th July 2023
  • The barn does not have to be in agricultural use to qualify any more. It can have been used for non-agricultural purposes, or been empty, as long as it was in agricultural use on 24th July 2023.
  • It is now possible to extend a barn via a rear extension, no more than 4m from the rear wall, as long as it is over existing hardstanding (that hardstanding must have been there in July 2023).
  • It is also now possible to protrude by up to 0.2m to allow for windows, doors, roofs, exterior walls, services etc. This is currently not possibly under Class Q.
  • All dwellings must meet National Space Standards

Until 21st May 2025, it is still possible to apply for Class Q under the previous rules. These allowed up to 5 dwellings up to a maximum total of 865sqm, but it was not possible to extend or protrude from the building.

What these changes mean for landowners

The increase in the total number of dwellings that can be created is, on the face of it, positive, and has clearly been introduced to increase rural housing numbers. However, in practice, it is rarely desirable or financially beneficial to divide a large barn into multiple small homes, so we do not foresee many landowners taking advantage of this maximum. Of course, this maximum number (and the total of 1,000sqm) applies to the entire agricultural unit, so it is possible to convert, say, 3 dwellings out of one barn, and then another 7 from a barn elsewhere on the farm.

The ability to extend and protrude is very positive. This was an unhelpful and impractical element of the previous legislation, and will facilitate sensible changes to the structure of the barn to create more comfortable homes.

The relaxation of the need for a building to still be in agricultural use is positive, however, it is important to note that the building must still have been in agricultural use on or before 24th July 2023. A barn cannot have changed to another use – i.e. it must either be in agricultural use, or be empty. In reality, this is how Class Q has been interpreted and applied for several years now in any case, so whilst this change appears significant, it is not.

How did this come about?

I wrote about a consultation on changes to the GPDO back in August 2023. Almost all of the changes to Class Q mooted in that consultation were adopted in the final version, with only the expansion of Class Q to incorporate equestrian and forestry buildings ultimately abandoned.

What is the connection to Jeremy Clarkson?

It is difficult to know whether Jeremy lobbied government, but it is entirely possible that he did. Clarkson’s main challenges at Diddly Squat have been in relation to his farm shop and restaurant. These particular issues are more relevant to the changes to Class R, which were brought in at the same time as those to Class Q and are summarised below.

Class R allows the change of agricultural buildings to a flexible commercial use. This includes:

  • Class B2 (general industrial)
  • Class B8 (Storage or distribution)
  • C1 (hotels)
  • Class E (commercial, business or service)
  • Class F.2(c) (outdoor sport or recreation)
  • Agricultural training

This does mean that it is now possible to convert a barn (for example) to a restaurant or shop, without needing planning permission.

However, it is important to note that a change of use under permitted development does not mean that the work can go ahead without applying to the Council first. This is a common misunderstanding. Almost all types of permitted development still require prior approval, which is similar to a planning application, but with a slightly reduced scope in terms of the elements that are valid considerations by the local authority.

If the Class R change of use is for a building of less than 150sqm, the prior approval application will be minimal, but if it is larger than this, contamination, flooding, noise and highways impacts must all be considered.

In summary, the changes to Class Q and Class R give more opportunities to landowners, particularly in terms of farm diversification. Clarkson’s café conversion would not need planning permission, and only a minimal prior approval application (providing it is less than 150sqm in size) if it were built today. However, permitted development does still come with numerous conditions, so it is important to proceed with caution and to ensure you are very confident that you meet all the criteria – and if in doubt, call us!

[email protected]

07710 674301

This article was published on 29th May 2024 in the Diss Express.