Holly Greenman (Chippenham) 

Please DON’T just start converting your farm buildings because you “don’t need planning permission.”

From 21^st May 2024 there are a number of updates to the General Permitted Development Order across England and Wales, specifically, rules around the Change of Use of Agricultural Buildings to Residential (Class Q) and Commercial (Class R) as well as extending rules around erecting new agricultural buildings.

This does NOT mean however that you are able to simply forge ahead with the work.  Prior notifications must be submitted to your Local Planning Authority ahead of work being done, and there are still stringent eligibility requirements for these developments.  These are likely to extend to design, drainage, ecology and highways matters.  Projects that haven’t secured suitable approval are likely to be subject to enforcement and potentially costly retrospective planning applications.  N.B you can’t retrospectively apply for permitted development, so these would then be treated under Full Planning! Ouch!

What are the main changes?

It also now allows the creation of up to ten dwellings (previously restricted to 5) with a maximum cumulative floorspace of 1,000 m2 (previously 865).  Small extensions are also now permissible (whereas previously the need to stick within the original footprint was essential) and a single- storey extension of up to 4m width can be approved alongside the change of use (so long as other conditions are adhered to, such as the extension being on existing hardstanding).

Careful though; the individual floorspace of each dwelling is now restricted to 150 M2, whereas previously the limit was 465 m2.

Important to note: despite much national appeal and discussion, Class Q has NOT been extended to Protected Landscapes i.e., Conservation Areas, Areas of Outstanding Natural Beauty and National Parks as local authorities say this may open the door to “inappropriate development”.

What about Class R, the Agricultural to Commercial permitted rights?

In addition to the previously permitted conversion to general industrial, storage, distribution, hotel and commercial use, applicants can now diversify into sport and recreational uses.

The previous 500 M2 limit for conversion has been doubled to allow up to 1,000 M2 of conversion for existing buildings.

And building new agricultural buildings under Class A?  What’s changed there?

Farmers can now build up to 1,500 Square Metres of new agricultural building each two years, rather than the previous limit of 1,000 M2.  Other restrictions and requirements around PD still stand however, notably, any development that is going to house livestock, slurry, sewage sludge or other waste must be more than 400 metres away from a protected building.  That is, any building people regularly occupy, so a residential house (not a farmhouse), hospital, school, church etc.

Permitted Development rights are a fantastic way of navigating farmers around complex planning policy, but please make sure you are adhering to the requirements and have a full grasp of what the implications of making use of these permissions are before excitedly starting your project.  Gaining professional advice at this stage could save you big bucks in the long run.

Contact Holly at Hollygreeman@fcgagric.com or your local FCG office, for help in this area in the first instance.