Philip Taylor, licensed conveyancer with Pearsons & Ward Solicitors in Malton, explains the effect of changes to permitted development rights, which came into force on April 6, 2018, and the opportunity they present for farmers looking to develop redundant agricultural property

WITH demand for housing in rural areas continuing to grow, there has been much applause for the government’s recent decision to bring forward planned changes to permitted development rights in England to increase the number of residential properties that can be included within a proposed conversion.

The decision to extend the time limit within which permitted development rights can be relied upon to convert storage and distribution areas for residential use has also been welcomed.

First, a reminder of how permitted development rights work.

Permitted development rights enable you to undertake certain types of work to land and buildings without the need to apply for planning permission.

The types of work covered are decided upon by the government and include a range of works to enable agricultural properties to be converted for residential use.

What follows is a summary of recent changes to permitted development rights as far as they affect agricultural conversions. Please talk to us to find out if you can take advantage of these changes.

Your ability to do so may be affected by restrictions imposed by your local authority or if the property you wish to develop is listed, is in a conservation area, a national park or an area of outstanding natural beauty.

Changes to Class Q permitted development rights

The number of residential units permitted within the conversion of an established agricultural unit under Class Q rights has been increased from three to five.

This means that under the new rules you can choose to design a conversion scheme to provide:

  • five small residential properties with a total floor space of no more than 100 square meters each;
  • three large residential properties with a total cumulative floor space of no more than 465 square meters; or
  • a mixture of small and large properties provided that the total number of large properties does not exceed three, there are no more than five properties in all and the total cumulative floor space does not exceed 465 square meters.

The changes to the Class Q rules mean that there is now greater scope to create rural developments within existing agricultural units which genuinely meet the varied needs of those who want to live and work in the countryside.

Extension of time limit for relying on Class P rights

The ability under Class P rights to change the use of buildings currently used for storage and distribution from agricultural purposes to residential use has been extended until June 10, 2019.

This means that it will continue to be possible to convert agricultural storage and distribution areas into residential properties without a specific planning permission for this purpose until June 10, 2019 provided the total floor area does not exceed 500 square meters.

For a discussion about the impact of the recent rule changes, and whether you may be able to benefit from them, phone Philip on 01653 692247 or email philip.taylor@pearslaw.co.uk