Give your redundant buildings a new lease of life

Structural requirements have been debated at great length, with many Local Planning Authorities taking different approaches. However, some clarity can be offered from the case of Hibbitt v Secretary of State [2016] and Government guidance, which ultimately confirms that if the extent of works required to change the use of the building amount to ‘rebuilding’ rather than ‘conversion’, then the proposal will fall outside the scope of Class Q.

So, while Class Q permitted development rights certainly present a greater opportunity for the conversion of agricultural buildings, achieving approval is not a straightforward process, with applications often meeting resistance from the Council. Class Q remains the least successful form of permitted development, with around 40 to 50% of all applications nationally being refused. The refusal rate is significantly higher than this in some Local Authorities, so it is important to do your research on past applications in your local area to see how Planning Officers are assessing them. However, our success rate at Bidwells remains in the region of 95%.

Your application must be well thought through in order to give your application the greatest chance of success.

It is also important to highlight Class R permitted development rights, which allow for the change of use of buildings from agriculture to a flexible commercial use. This can be implemented in the Green Belt, Conservation Areas and Areas of Outstanding Natural Beauty. The range of commercial uses available include shops, financial and professional services, restaurants and cafes, offices, light industrial, storage and distribution, hotels, and assembly and leisure use.

Class R allows for the change of use of up to 500sqm per established agricultural unit. Applications are assessed with regard to highways, noise, contamination and flood risk. There is no structural requirement, so Class R rights can be utilised on buildings that would not meet Class Q’s strict criteria.

If the application is for a change of use of less than 150sqm on the agricultural unit, then all that is required is simply a 56-day notification, with no assessment from the Local Authority. This is a very handy tool to have!

If your intention is to provide a dwelling but you don’t have a building suitable for Class Q, then Class R can be used as a steppingstone. Essentially, Class R will create previously developed (brownfield) land. Following the creation of brownfield land, there is far greater policy support for redevelopment, therefore a new house could be achievable via this route.

There are areas which have clearly suffered within the rural sector and an ever increasing need to diversify. There is so much scope to enhance value and income through the implementation of change of use permitted development rights, so now is the time to take stock of your buildings.