Conversion of agricultural buildings to dwellings
Advice at: http://planningguidance.communities.gov.uk/blog/guidance/when-is-permission-required/what-are-permitted-development-rights/
: http://planningguidance.communities.gov.uk/blog/guidance/when-is-permission-required/what-are-permitted-development-rights/permitted-development-rights-for-the-change-of-use-of-agricultural-buildings/
Details of the requirements to be met to be classed as permitted development, procedures and interpretation can be found in the Town and Country Planning (General Permitted Development) (England) Order 2015.
Schedule 2 - Part 3: Changes of Use
Class Q
Development consisting of— (a) a change of use of a building and any land within its curtilage from a use as an agricultural building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order; and (b) building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule.
Various restrictions set out in the GPDO which can be read at: http://www.legislation.gov.uk/uksi/2015/596/pdfs/uksi_20150596_en.pdf.
A condition of Class Q is that the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required with regard to:
· Highways
· Noise
· Contamination
· Flooding
· Location
· Design and external appearance.
There is a 3 year limit to commence the development starting from the date the Council issues the decision that prior approval is not required.
Paragraph W of Part 3 sets out the procedure for making the application for prior approval.
Paragraph X of Part 3 provides interpretation of the terms “agricultural building” and “curtilage” of agricultural buildings.
The local planning authority then has 56 days to notify the applicant as to whether prior approval is given or refused.
Maximum floor space that can be converted is 450 square metres.
There is no test for sustainability but local planning authority can consider whether the location and siting of the building would make it impractical or undesirable to change use to a house. For instance, where the proximity of other uses would be harmful to a residential use. Or, the location is so inaccessible as to make conversion impractical.
Appeal decisions issued have not yet provided any clear direction. I part this is due to the changes to create Class Q last year and the variety of buildings and locations proposed for conversion.
A key issues for officers are the construction type of the building and a lack of information about the conversion submitted with the application. Provision of clear and comprehensive information with the application will be of great assistance and should reduce time taken to determine the application.