The Department for Levelling Up, Housing and Communities has recently announced a consultation which could see major expansions to permitted development rights, particularly for residential conversions. If adopted, the proposed changes will be the biggest shake-up of the GPDO since 2015, and would introduce more opportunities for converting buildings to residential use as well as for farm diversification.
The consultation is the first stage of a long process to become legislation, and runs until 25thSeptember 23. Durrants plans to make representations to the consultation, mostly in support of the proposed changes.
We have summarised the changes that could create the biggest opportunities for our clients below.
Enhanced opportunities under Class Q
Class Q is a powerful means of converting redundant agricultural buildings to dwellings, and remains one of the most popular planning instructions at Durrants. In its current form, Class Q allows for the creation of up to 5 dwellings of a cumulative maximum of 865sqm, achieved through combining ‘smaller’ dwellings (100sqm and below) with ‘larger’ dwellings (over 100 sqm).
The consultation proposes to double the overall maximum number of dwellings to 10, with a maximum area of 1,000 square metres. The separation of ‘larger’ and ‘smaller’ dwellings is proposed to be replaced with a single maximum of either 100 or 150sqm per home.
It is also proposed that the current requirement for a building to have last been solely in agricultural use will be removed, allowing buildings which have been used for other purposes, such as storage, to be afforded Class Q rights. This would be a very positive change, as many landowners are currently able to neither use or convert redundant buildings because of the strict rules around their historic use.
A surprising proposed addition to the Class Q legislation is the introduction of extensions to the rear elevation of the barn. Currently, only the building itself can be converted, with no parts (including window cills etc) permitted to extend beyond the existing footprint of the building. Introducing a single storey extension of no more than 4m deep would be a radical change. Note, the extension would only be possible on previously developed land, i.e. farmyard hardstanding.
In addition to these major changes, the government are also seeking to introduce a minimum dwelling size of 37sqm and allowing Class Q development on article 2(3) land (such as national parks, AONBs, conservation areas etc.). There is also a proposal to expand Class Q rights to buildings in other uses such as forestry and equestrian buildings.
Expanded Class R rights
Currently, Class R allows agricultural buildings to change to flexible commercial use, the latter of which is limited in its scope. It is proposed to add new uses such as outdoor sports and recreation to allow greater farm diversification. Consideration is also being given to encouraging more mixed uses, such as a farm shop adjacent to a hotel, which is currently not possible under Class R. There will be an increase from 500 to 1,000 sqm for the total area which can change use, and views are being sought on whether to remove the need for prior approval (i.e. an application) for certain changes.
Tweaks to agricultural permitted development rights
Less radical changes are proposed to agricultural permitted development rights, with an increase in total floor area proposed, from 1,000sqm to 1,500sqm for new buildings under Class A (larger agricultural units) and to 1,250 for extensions to buildings under Class B (smaller units).
A new restriction is proposed, removing permitted development rights on Scheduled Ancient Monuments.
Our thoughts
The proposed changes to the Class Q legislation are particularly promising, and could remove some of the unnecessary hurdles currently faced by many applicants. An increase in the number of dwellings but a reduction in their size will help to deliver smaller, more affordable homes and discourage a proliferation in executive converted barns. Introducing flexibility around agricultural use is the biggest win, and the ability to convert stable blocks, barns which have temporarily been used as storage etc would open up many new opportunities for redundant buildings, which would be welcome.
The changes to Class R and Part 6 are less radical, but still helpful nonetheless.
Even if only some of the proposed amendments make it into legislation, this consultation represents an acknowledgement on the government’s part that certain planning limitations are needlessly restricting opportunities for rural development. We are hopeful that the pertinent changes are ultimately adopted.
