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This legislation (UK Statutory Instruments 2024 No. 579) follows a consultation launched by the Department for Levelling Up, Housing and Communities in July 2023 on allowing greater flexibility to encourage farm efficiency and diversification.
On 20th February 2024, Rishi Sunak announced a series of proposals to make the planning system more efficient and effective to help overcome the significant shortfall in housing supply by amending and relaxing permitted development (PD) rights to help farmers develop buildings and diversify earnings through farm shops, commercial space and sporting venues. The Government stated that its proposals are “expected to benefit the wider rural community by increasing job opportunities and commercial units available, helping residents to develop small and medium enterprises in rural communities, and connecting communities more with their local farms”.
Class Q: Agricultural to residential
The permitted development rights for changing agricultural buildings into dwellings under Class Q seek to simplify and extend the regulations to a single maximum floorspace of either 100 or 150m2 per home, while the maximum number of homes per agricultural unit increases from five to 10 and an overall maximum floorspace changing use of 1000m2. This aims to encourage farmers to develop a greater number of smaller homes on their land by reusing redundant existing buildings, thus reducing the need to build on greenfield sites in the open countryside.
In addition, the proposed Class Q conversion rights indicate that rear extensions of up to 4m (if the land is already hard surfaced) to Class Q conversions be allowed, whereas previously any increase in the size of the original agricultural unit would not have been allowed.
The Government is also considering extending the proposed Class Q PD rights to apply in conservation areas, national parks and areas of outstanding natural beauty (AONBs) with an intention of delivering more rural homes in such locations through the reuse of underused or redundant buildings, albeit the proposed allowance for rear exceptions. It is understood that World Heritage Sites would be excluded from any changes to the legislation.
In a further indication of increased flexibility, the Government also proposes to introduce changes to bring back into use former agricultural buildings that are no longer part of an established farming unit, which have hitherto been excluded from PD rights.
Class R: Agricultural to commercial
The Government also proposes changes to the PD rights allowing agricultural buildings to be converted to commercial use under Class R. The proposed changes include extending the legislation to buildings currently used for forestry and equestrianism.
They also propose expanding the range of uses (which are currently limited to storage, distribution, hotel and commercial) to include outdoor sports and fitness, or the processing of raw goods as well as allowing a mix of uses and a doubling of floorspace to 1000m2.
Class A and Class B: New farm buildings
The Government also proposed that the size limit for new farm buildings erected under agricultural development PD rights on farms over five hectares (Class A) could increase by 500m2 to 1500m2, and for farms under five hectares (Class B) could increase by 250m2 to 1250m2. The volume allowance for extensions may also increase to 25% (from 20%) without the need for prior approval.
To find out more about these proposed changes or to discuss them in more detail, please contact one of our planning teams in Cambridge, London, Norwich or York.
