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5 key facts farmers need on permitted development changes

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With over 125 years of experience, Strutt & Parker has deep roots and a comprehensive understanding of what makes the rural economy work and the legislation that is driving change. Our rural teams offer a unique mix of financial, land and property expertise and can advise you across every service and discipline from farming, forestry and viticulture to natural capital, renewable energy and biodiversity.

Recent changes to planning rules mean that there are new opportunities for many farmers and landowners in England and Wales under Permitted Development (PD) rights.

“Now is a good time for farmers to consider converting redundant farm buildings using PD rights,” says Alice Robinson, a rural surveyor in the Stamford office of Strutt & Parker.

“They are a valuable tool for landowners to convert old barns, sheds and grain stores without needing to apply for full planning permission.

“This might be with the goal of generating a steady rental income or, alternatively, so the building can be sold to raise capital to invest elsewhere in the business.”

Here are five matters farmers should know about concerning the updated rules which took effect in May 2024:

1. Eligibility of buildings widened for Class Q

Class Q PD rights allow for agricultural buildings to be changed to residential use.

Buildings which were erected on or before 24 July 2023 may now be eligible for Class Q.

There has also been an extension of Class Q to cover former agricultural buildings which are no longer part of an established agricultural unit.

This gives owners the opportunity to convert outlying buildings which had previously been against the rules.

Other changes include allowing a single-storey rear extension of up to 4m to be added to a building as part of the change of use.

There are conditions, such as the extension must be located on an existing hard surface, but this will provide new opportunities for smaller buildings to be converted, and in most scenarios could result in an additional bedroom, adding extra value.

However, PD rights are not available to farmers in ‘protected landscapes’, which covers Conservation Areas, Areas of Outstanding Natural Beauty and National Parks.

2. Floor space limits amended for Class Q

The revised rules allow for the creation of up to ten dwellings with a maximum cumulative floor space of 1,000m2 (previously the number of dwellings was limited to five with a maximum floor space of 865m2).

However, there has been a reduction in the maximum floor space for any one property. Previously, it had been possible to have one property with a floor space of up to 465m2, but a maximum limit of 150m2 has now been introduced for any of the houses created.

3. Transitional arrangements apply until May 2025

Transitional arrangements are in place to enable a property owner who would prefer to apply under the old Class Q guidelines to do so until the end of 20 May 2025.

4. Additions to Class R list of possible uses

Class R is the PD right which allows landowners to convert buildings from agricultural to commercial use.

In addition to being able to convert to general industrial, storage, distribution, hotel and commercial use, property owners are now able to diversify into sport and recreational uses.

The maximum floor space has also been increased from 500m2 to 1,000m2.

There are no transitional arrangements for Class R.

5. Bigger agricultural buildings allowed 

The size limit for new agricultural buildings has been increased. For farms over 5ha (where Class A PD rights apply) then the size limit has been increased from 1,000m2 to 1,500 m2.

For farms of less than 5ha (covered by Class B) then the size limit has been increased to 1,250m2.

Case study

Our team in Stamford helped a client to secure planning permission for the conversion of two modern agricultural buildings into four dwellings using Class Q provisions.

The buildings were part of a working farmyard situated outside the defined village boundary and on the edge of a Conservation Area.

Previous attempts through the Local Plan process to secure planning permission for the farmyard into residential dwellings had been unsuccessful.

Our advice was to prepare two separate Class Q applications for the conversion of two of the buildings into four residential units.

This approach was successful and resulted in a significant uplift in the capital value of the site for the landowner.

With the principle of development established, it has since allowed full planning permission to be successfully obtained to remove the barns subject to the Class Q and replace with four new stone dwellings and the development of another stone barn within the Conservation Area to form a fifth dwelling.

Barn

Before © Strutt & Parker

Arial shot of farm buildings

After © Picture supplied by Hereward Homes

If you would like to know more contact Alice Robinson on alice.robinson@struttandparker.com