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Alister Smith, professional partner and head of Stags planning and design provides an update on Class Q and Class R Permitted Development Rights.
Class Q permitted development rights allow agricultural buildings to be converted to dwellings. Major changes have just been introduced by the government, with the new legislation planned to come into effect on 21 May 2024 and can be read in full here. It is, however, also important to note that transitional arrangements will allow the current version of the Rights to be used up until 20 May 2025, which may benefit those wanting to create larger dwellings.
This follows recent hints that changes were going to be made, albeit these were presented as focusing on economic development, not housing and are something we covered in an article recently.
The most notable change is an increase in the maximum allowance from five to ten dwellings and allowing up to 1,000sqm to be given over to residential use.
The number of permitted dwellings is being doubled with this change in legislation, and the amount of overall floorspace is also increased. However, there is potential for disagreement over the precise interpretation of certain aspects of the legislation and we would always advise seeking professional advice from a planning consultant.
The government consulted on making further changes, however these have not come forward and therefore the permitted development right remains subject to a number of criteria, with listed buildings and barns within National Landscapes (formerly AONBs), Conservation Areas and certain other designations not eligible.
Whilst not a specific part of the Rights the changes do not directly impact the ability to make use of the ‘fall-back’ argument for new build development instead of conversion and therefore for those with a large block of functional but visually unappealing buildings there is still opportunity to be found.
In addition to changes to Class Q, the government have also introduced changes to the Class R Rights, which cover agricultural buildings to commercial use. The maximum floor area subject to a change of use has been increased from 500 to 1,000 sqm and the permitted commercial uses have been widened to include the following:
- Class B2 (general industrial)
- Class B8 (storage or distribution)
- Class C1 (hotels)
- Class E (commercial, business or service)
- Class F.2
- (outdoor sport or recreation) or
- for the provision of agricultural training.
As with Class Q the ‘devil is in the details’ and we advise seeking professional input from a planning consultant. However, these changes are likely to be significant boost for those looking at farm diversification projects.
To discuss how these changes may affect you, contact one of our knowledgeable members of the planning team on 01392 439046 or planning@stags.co.uk
