The Government intention to introduce new permitted development rights in England to allow the change of use of agricultural buildings for up to three dwellings has now been confirmed, but remains subject to the passing of the Statutory Instrument. Please note the “devil is always in the detail”.
Under the Town and Country Planning Act 1990, planning controls extend not only to building works but also to changes in the use of buildings or land. It is generally considered that planning permission is required for anything considered to be a material change of use.
The Town and Country Planning (General Permitted Development) Order 1995 (as amended), is considered as a deregulatory tool, with a number of uses, such as; house extensions, business change of use, converting offices to residential use, erecting agricultural buildings, etc, and can potentially avoid the need to apply for ‘full’ planning permission.
In the 2013 Budget Statement the Government announced its consultation on allowing further flexibility between use classes. These were in addition to the 30th May 2013 package. This ‘relaxation’ of the planning policy strongly supports the key government priorities for making better use of existing buildings, supporting rural communities, providing new housing, etc. This is to reduce pressure for new greenfield development by promoting brownfield land and empty/under-used buildings.
On the 13th March, the Government published draft permitted development regulations which are proposed to come into effect from the 6th April 2014, and will allow the change of use from agricultural barns (it appears at the moment both of traditional and modern construction) (with a cumulative floorspace limit of up to 450sqm) for up to three dwellings. The barns must however be “redundant or under-used” and have been used solely for agriculture on the 20th March 2013 to be eligible. Where the barn was brought into use after this date, it must have been in agricultural use for more than ten years before the rights can be used. Essentially, this is to stop abuse of this planning ‘relaxation’.
The consultation documents also propose a range of conditions with including:
• A limit of 150sqm per dwelling.
• A prior approval required for the siting and design, highways, noise, land contamination and flood risk.
• The new right is to apply to all agricultural holdings, regardless of size.
• A prior approval required for the siting and design, highways, noise, land contamination and flood risk.
• The new right is to apply to all agricultural holdings, regardless of size.
It is assumed that the regulations will cover the change of use of the barn, together with the necessary building works as long as the converted building does not extend beyond the external dimensions of the barns being converted, with partial, but not complete demolition allowed.
Eligibility to apply; the ‘new’ rights cannot be used if the agricultural permitted development rights have been used since the 20th March 2013 for the construction or extension of agricultural buildings. Similarly, once the ‘new’ rights have been used, to convert a barn into a dwelling, the applicant will not be able to benefit from any permitted development rights again for a period of ten years. This will include construction and/or extension of agricultural buildings, for which full planning permission will be needed. Therefore the use of the new rights will need careful consideration, (ie. to replace the barns now used for dwellings).
Also, where a holding is let under an agricultural tenancy the consent of both parties (landlord & tenant) will be required. If the tenancy is then terminated for the purpose of carrying out the conversion, i.e. the landlord wishes to remove the building from the tenancy, a period of at least twelve months must expire unless both the landlord and the tenant agree that the building was not required for the purposes of agriculture. This is important to note, as co-operation between the landlord and tenant becomes essential.
The ‘new’ permitted development rights will not be available in National Parks, Areas of Outstanding Natural Beauty, conservation Areas, the Broads, World Heritage Sites, SSSI’s safety hazard areas or military explosive storage areas, as well as buildings associated or within the curtilage of a listed building or sites that contain a scheduled monument.
An applicant will be required to first apply to their Local Planning Authority (LPA) for prior approval. This is where an LPA can insist that a full planning permission is required if the LPA considers that one is required having regard to the impact of the development. Such considerations are; impact on transport and highways, noise, contamination, flood risk and issues in relation to the location and siting of the a building. If the LPA does not respond to the prior approval application within 56 days, approval is deemed to have been given.
The rights provide another tool for agricultural land owners to maximise the value of their assets. However those who are interested will have to act quickly as it is suggested that this ‘relaxation’ may only be available for a limited period, such as those imposed with the rights introduced in May 2013 for converting agricultural barns to offices and other uses, which are only available until May 2016.