From 21 May 2024, significant changes to agricultural permitted development rights will take effect.
The new legislation was confirmed by government on Tuesday 30 April 2024 with The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024.
Who will benefit from the changes?
If you have agricultural buildings (or former agriculture) and you’re looking to unlock their development potential for residential (class Q) or flexible commercial use (class R), the amended rights can bring interesting opportunities for you.
The changes will boost permitted development rights for agricultural enterprises and farmers through:
– The increase in total number of dwellings (and floorspace) that can be converted under Class Q
– The increase in the total area which can be changed to commercial use under Class R
– Higher threshold of floorspace that can be created under Part 6, Class A
These changes have the power to help farmers adapt to challenges within the rural sector and stimulate the rural economy.
Are there any restrictions?
Yes, the new legislation does retain some key restrictions. One noteworthy restriction that remains is that Class Q cannot be used in areas of National Landscape (formally known as Areas of Outstanding Natural Beauty).
What are the opportunities?
The changes can facilitate the expansion of existing rural enterprises, support the diversification of revenue through new buildings or uses, and create stronger fall-back positions for redevelopment.
Scroll down for a full breakdown of all of the upcoming changes.
New changes
Part 3: Changes of use, Class Q – agricultural to residential conversion:
- The class now allows for former agricultural buildings to be converted, providing they were part of an agricultural unit on 24 July 2023.
- It is now required to prove that a building is/was in agricultural use on/before/after the 24 July 2023 rather than the 20 March 2013.
- The class now also allows for the extension of existing or former agricultural buildings as part of the conversion. The extension conditions are as follows:
– Must be single storey;
– Sited to the rear of the building;
– No more than 4m long;
– No more than 4m high or less than the existing roof height (whichever is lower); and
– In the case of the conversion of a former agricultural building, the extension would not be sited on land covered by hardstanding.
- The maximum floorspace for any new dwelling is limited to 150sqm (the represents a reduction from the current large dwelling maximum of 465sqm).
- The maximum number of dwellings permissible under Class Q has increased from 5 to 10 dwellings.
- The maximum floorspace allowance for the total residential development has increased from 865sqm to 1,000sqm.
- Protrusions of up to 0.2m are allowed to accommodate building operations.
- It is now required that agricultural buildings must have suitable existing access to the public highway.
- The definition of ‘Curtilage’ has been updated to account for curtilage associated with former agricultural buildings.
- It should be noted Class Q conversions are still restricted on article 2(3) land (including Conservation Areas and National Landscapes. The Government did suggest removing this restriction but ultimately resolved not to do so.
Part 3: Changes of use, Class R – agricultural to flexible commercial use:
- The class now allows for the conversion of agricultural buildings to general industrial (Class B2)* and outdoor sport and recreation (Class F.2(c)) uses.
– General industrial (Class B2) uses are limited to those used for the processing of raw goods/livestock/ancillary goods sold on site. - The class also allows for conversion of agricultural buildings to a flexible use for the provision of agricultural training.
- The maximum floorspace for flexible commercial uses has been increased from 500sqm to 1,000sqm.
Part 3: Changes of use, Paragraph W – Procedure for applications for prior approval under Part 3:
- This paragraph adds caveats relating to the above changes which broadly seek to control the cumulative level of development.
Part 3: Changes of use, Paragraph X – Interpretation of Part 3:
- The definition of ‘curtilage’ no longer relates to Class Q given ‘curtilage’ is now specifically defined in Class Q.
Part 6: Agricultural and forestry, Class A – agricultural development on units of 5 hectares or more:
- The maximum floorspace of any building erected, extended or altered is increased from 1,000sqm to 1,500sqm.
– (Note: This does not apply for any works or structure for accommodating livestock or any plant or machinery arising from engineering operations which is still limited to 1,000sqm.) - This right no longer applies to land that is, or is within the curtilage of a scheduled monument.
Part 6: Agricultural and forestry, Class B – agricultural development on units of less than 5 hectares:
- The maximum cubic content of any original building increased is uplifted from 20% to 25%.
- The maximum ground area of any building extended is uplifted from 1,000sqm to 1,250sqm.
- This right no longer applies to land that is or is within the curtilage of a scheduled monument.
Transitional provision:
- This section sets out procedures for Prior Approvals relating to the above classes permitted immediately before the 21 of May 2024 that may no longer benefit from permitted development owing to the changes made. In short, procedures are introduced in order to safeguard established permissions and allow for developers to still apply for prior approvals under the current/now superseded rights up to 20 May 2025.
With a wealth of knowledge in this area, our team of experienced planners can discuss your vision and needs and explore all of your opportunities. To get a step closer to reaching your goals, get in touch with us on 01865 731700 or email enquiries@edgarslimited.co.uk.