The document outlines the permitted development rights for changing the use of agricultural buildings, emphasizing new classes under the General Permitted Development Order. It details the requirements for prior approval, conditions, limitations, and specific thresholds for agricultural units converting to commercial or residential uses. Key highlights include recent lobbying successes and the reinstated right of appeal regarding planning applications.

1. All Change!
Fenella Collins MRICS
Head of Planning Permitted development rights forChange of use of farm buildings

2. National Planning Policy Framework Reinstatement of the Right of appeal for the non- validation of planning applicationsPermitted development rights for the change of use of farm buildings to: Range of commercial uses –GPDO Part 3 Class M Residential use –GPDO Part 3 Class MB Some recent CLA lobbying successes

3. Town and Country Planning (General Permitted Development) Order 1995 (as amended) Withdrawing permitted development rights Article 4 directionCondition on a previous planning permission
What is permitted development

4. Change of use of farm buildings to: Class M –commercial uses Class MB-(a) residential use and (b) operations to facilitate the change of useThresholds –150m2 and 500m2, 450m2Protected areas (aka Article 1(5) land) (NP, AONB, the Broads, WHS) Class J –B1(a) offices to residential
What changes are there?

5. SI 2013 1101 Class M (30 May 2013) Existing buildings up to 500 sqmbut sui generis Range of uses:
A1 –retail, A2 –professional office, A3 –food and drink
B1 –office/light industry, B8 –warehousing and distribution
C1 –hotel, guest house
D2 –sports/leisure/cinema
 Prior Approval requirements: Up to 150sqm notify LPA: 150-500sqm prior approval (56 days) + public consultationGPDO Part 3 –Class M –commercial uses

6. SI 2013 1101 Class J (30 May 2013) Existing office building and land with its curtilageTime limited –3 years to 30 May 2016 but possible retentionPrior approval application and 21 day public consultationNPPFExempted landBuilding not in B1(a) use e.g. farm officeGPDO Part 3 –Class J –office to residential

7. SI 2014 no. 564 (6 April 2014) The change of use of an agricultural building and land within its curtilageto use as a dwelling house
andThe building operations necessary to convert the building to a dwellinghouseCurtilage(for purposes of Classes M, MA or MB) drawn very tight to the building
What is permitted under new Class MB

8. Established agricultural unit “means agricultural land occupied as a unit for the purposes of agriculture” AND on 20 March 2013Agricultural building “trade or business” 10 year rule Cumulative floor space = 450 sqmbefore and after Up to 3 dwellings on an established agric unitCan’t extend beyond existing foot print Conditions and Limitations

9. Protection for tenants under AHA’86 and ATA’95New GPDO Part 3 Class MB vsGPDO Part 6 (10 year rule) GPDO Part 6 v new GPDO Part 3 Class MB (20/3/13) GPDO Part 1 (dev within curtilageof dwelling) Conditions and Limitations (cont)

10. Class MB not available on: Article 1(5) land (National Parks, AONBs, Conservation Areas, the Broads, WHS) or SSSI, safety hazard areas, military explosive storage areas orListed buildings and scheduled monuments
Conditions and Limitations (cont)

11. Buildings operations “cannot extend beyond”: Installing or replacing Windows, doors, roofs or exterior wallsWater, drainage, electricity, gas or other services
And Partial demolition “to the extent reasonably necessary” Conditions and Limitations (cont)

12. Building operations reasonably necessary?

13. All development under Class MB requires prior approval BEFORE any development commences
Assessment of ImpactsTransport and highways NoiseContaminationFlooding Notification requirements

14. Prior approval also to assess: Location SitingImpractical or undesirable Design and external appearanceNotification requirements (cont)

15. Refused

16. Approved

17. Approved

18. LPA determination period –56 days following date of receipt of prior approval application ( includes 21 days public consultation)
When can development commence? Written notice prior approval not requiredNotice that prior approval is grantedNo decision received within 56 days following date of receipt of application 3 years to commence development
Prior approval procedure –Class M, MB and J

19. NPPF and relevance to prior approval mattersRequest for further informationConditionsRefusal of prior approval applicationFlood risk assessment Compliance with prior approval procedure
Prior approval procedure -government clarification

20. Wildlife surveys Building RegulationsRestrictive covenantsCondition on a previous planning permissionOther matters

21. But it is possible with full planning permission

22. Get cracking!

23. THANK YOU16 BelgraveSquare London SW1X 8PQTel 020 7235 0511Fax 020 7235 4696Email mail@cla.org.ukWebsite www.cla.org.uk