Changes to Permitted Development Rights (PDR’s) come into force today, 21 May 2024. These changes follow a recent consultation by the Department for Levelling Up, Housing and Communities which took place between July and September 2023.
The consultation sought responses regarding changes to PDR’s which would allow for agricultural diversification and development of agricultural units, changes to PDR’s which would allow for change of use to dwellinghouses and an array of other proposed changes.
We will review below how the changes will operate with respect to agricultural buildings.
Change of Use
The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 (“2024 Order”) brings into force a number of changes to the Town and Country Planning (General Permitted Development) (England) Order 2015.
Amendment to Class Q
Article 3 of the 2024 Order amends Class Q in relation to changes of use of buildings on agricultural units to dwellinghouses. The latest amendment allows former agricultural buildings as well as existing agricultural units to change their use.
In addition, it removes the requirement for an agricultural building to have been utilised solely for an agricultural use to benefit from the permitted development rights under Class Q.
The 2024 Order seeks to support rural housing by allowing up to 10 dwellings, representing an increase from 5, that can be developed under Class Q. To assist this the maximum cumulative floorspace which can change use is increased from 865 square metres to 1,000 square metres overall. However, note that each dwelling developed under Class Q cannot exceed 150 square metres.
Amendment to Class R
Class R relates to the change of use of agricultural buildings to a flexible commercial use. Article 4 of the 2024 Order amends Class R to widen the range of uses of agricultural buildings and land within their curtilage.
The amendment will allow for a change of use to outdoor sport or recreation and a general industrial use. In relation to the change to a general industrial use, a condition is to be imposed that this must only be used for the purpose of processing raw goods, excluding livestock, which are produced and sold on site. The amount of cumulative floorspace which can be changed to flexible commercial use is doubled and increased from 500 square metres to 1,000 square metres.
The intention is to give farmers more flexibility around change of use for commercial purposes which in turn will support rural diversification.
Amendment to Class B
This class relates to the agricultural development of units of less than 5 hectares. Article 8 of the 2024 Order seeks to prohibit the development of scheduled monuments which are considered nationally significant and are to be preserved. In addition, the order increases the permitted cubit content limit of an extension to an agricultural building from 20% to 25% above the cubic content of the original building. The current 1,000 square metre limit is replaced with 1,250 square metres allowing a substantial increase in the ground area of an extension to an existing building.
Overall, the above changes represent a move in the right direction to facilitate rural economic growth and diversification of agricultural units. If you have any queries or concerns about any of the changes and would like to speak to a member of our Planning team please do get in touch.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
