Rural Planning for Farm Diversification

Rural planning is the dark art of obtaining planning approvals in the countryside which can often be more complex than obtaining permissions to build within established settlement boundaries like towns and villages.

Permitted Development is often the best way forward when considering farm diversification projects as the planning process for PD is streamlined with the aim of getting the planning approvals you need asap. PD applications are also often cheaper to prepare than standard detailed planning applications as the validation requirements are less onerous.

With PD applications a prior approval notification is made to the planning authority which sets out the applicant’s intentions. There are limitations on what type of development is considered to be permitted development, details can be found in some of our other blog posts.

The limitations for PD applications are illustrated in the Town and Country Planning (General Permitted Development) Order 2015 (GPDO), which includes the following classes associated with change of use for agricultural buildings:

• Class Q: Enables the conversion of agricultural buildings to up to five new dwellings, the floor space is limited at 465sq m and the structure of the building must be confirmed as capable for conversion, the latter is usually confirmed via a structural engineers report. The building in question needs to have been in use for agricultural purposes on or before 20 March 2013, you may need to provide evidence in support of this as part of the application.

• Class R: Enables the conversion of agricultural buildings of up to 500sq m to a flexible commercial use. The flexible use covers things such as shops, restaurants, cafes, office space, and storage and distribution. Again the building must have been used for agriculture on or before 3 July 2012 (notice the change in date to Class Q development).

• Class S: Provides for the conversion of agricultural buildings to state-funded schools or registered nurseries as long as the building was used for agriculture on or before 20 March 2013 and the change of use does not exceed 500sq m.

As well as the dates stipulated in each class there are also restrictions in terms of when applications can benefit from permitted development rights.

If the building in question is located within a National Park, Area of Outstanding Natural Beauty (AONB) or Conservation Area then Class Q rights will not be available, but these location do not restrict Class R rights. Another limitation is when the building in question is listed or if it falls within the curtilage of a listed building, where this is the case your proposals will be subject to a detailed planning application and in certain cases listed building consent.

Assuming your proposals tick all the right boxes and you are able to apply for development under permitted development the LPA (Local Planning Authority) has 56 days from receipt of your prior approval application to make its decision. Under Classes Q and R, if the LPA has not responded within 56 days, the development can proceed providing there are no outstanding issues with the proposals and no objections from statutory consultees such as the highways authority.

In some cases, planning officers may request an extensions of time to the 56-day period but applicants are not obliged to agree. One reason you may agree however is if you intend to submit further application to the LPA in the near future, when dealing regularly with councils it is always a good idea to try and keep a good relationship! An easy way to fall foul of the LPA is to undertake works without the benefit of planning approval so don’t be tempted to start works on site in anticipation of obtaining consent even if you are sure that the proposals will meet permitted development rules. You cannot apply for permitted development retrospectively if you begin (or finish) the works and then submit your prior approval notice you are likely to be subject to planning enforcement and will also need to foot the bill for a detailed planning application in an attempt to obtain retrospective approval for the unlawful works. Be aware that there is no guarantee of approval with a retrospective application.

Another point worth mentioning is that Class Q and Class R permitted development covers not only the change of use of the building i.e. from agricultural use to residential use, but also the physical construction works needed to allow the change of use to take place. This is not the case for Class R permitted development applications which only cover the change of use not construction works that may also be needed to the building as part of the project. Once a Class R application has been approved it will then be necessary to submit a detailed planning application to cover any changes to the internal layout or external elevations.

As with all planning applications permitted development can be a bit of a minefield. The most important thing in most cases is to assume that planning approval will be required in whatever form that takes. If you have a redundant agricultural building and would like advice on potential development options don’t hesitate to get in touch.