Episode 114:
Hello and Welcome to the Part3 with me podcast.
The show that helps part 3 students jump-start into their careers as qualified architects and also provides refresher episodes for practising architects. I am your host Maria Skoutari and this week we will talking about the latest updates to Class Q Permitted Development Rights. Today’s episode meets PC2&3 of the Part 3 Criteria.
So a few weeks ago, I talked about the consultation process the government opened up in February for potential changes to Permitted Development rights namely relating to Class A changes relating to householder enlargement, improvement or alteration, Class B changes relating to additions to the roof also relating to householder rights, Class C relating to other alterations to the roof under householder rights and Class E relating to the provision of buildings and other development within the curtilage of a house relating to householder rights. The consultation was also looking at changes to Class D and E of Part 2 of the permitted development rights relating to the installation of electrical outlets and upstands for EV charging and it was also looking at changes to Class G of Part 14 of the permitted development rights relating to air source heat pumps within the curtilage of domestic buildings.
These are still under review and we will hopefully know more on which of the changes proposed within the consultation will be enforced in due course. Something that has been put into practice, however, that I thought would be worth covering in today’s episode are the updates made to permitted development rights relating to Class Q which allows converting barns and agricultural buildings to residential dwellings, Class R which relates to changes of use of agricultural buildings to flexible commercial uses; and Part 6 relating to agricultural permitted development rights in general.
The updates will officially be taking effect from the 21st of May 2024 and any applications made on after this date will be subject to the new requirements.
The reason for these changes is further promote the use of permitted development rights which have an important role to play in the planning system. They are a tool to support growth, by providing certainty and removing the time and money needed to submit a planning application. Permitted development rights can incentivise certain forms of development and provide flexibilities and planning freedoms to different users, including businesses and local authorities.The government is seeking to support farmers, the agricultural sector, rural communities and rural housing, hence the changes to the relevant permitted development rights.
Looking at Class Q applications first, they permit the conversion of a building that is part of an established agricultural unit and any land within that building’s curtilage into a dwellinghouse, or the conversion of a former agricultural building that was (but is no longer) part of an established agricultural unit and any land within that building’s curtilage into a dwellinghouse.
Under the new legislation for Class Q applications, the key differences include:
Under the previous legislation, there was a maximum allowance of five dwellings to be delivered and to meet a maximum floorspace of 865sqm . This has now been updated to allow a maximum of 10 dwellings and / or 1,000 square metres of floor space to change the use to residential.
The previous rules relating to larger and smaller houses are also being replaced by a maximum permitted floor space of 150 sqm per dwelling, which replaces the current allowance of a larger dwelling of up to 465sqm.
Another update, as part of the change of use, includes the ability to extend the building as part of the conversion process which has been limited to “a single-storey rear extension that does not extend beyond the rear wall of the existing building by more than 4 metres and is on land covered by an existing hard surface” which was present on or before the 24th of July 2023 or if it didn’t exist on that date has existed for at least 10 years. The extension must be developed at the same time as the change of use, and can’t, for example, be added to an existing dwellinghouse that has previously been developed under Class Q. Where an extension is incorporated as part of the change of use, it should be determined if prior approval will be required depending on the impact of the proposed extension on the amenity of any adjoining premises. To support operations for the change of use, the right allows protrusions to the external dimensions of the building of up to 0.2 metres to accommodate fixtures and fittings, such as window sills and guttering. In addition, the amended right requires that the existing building (pre-development) must be capable of complying with the nationally described space standards and have existing suitable access to a public highway in order to benefit from the right.
Now looking at the changes relating to Class R applications, for agricultural buildings changed to flexible commercial use:
Before diving into the changes to the Class R applications, there are certain criteria a building needs to meet in order to be applicable for a Class R application. These criteria include that the building:
- Needs to have been solely in agricultural use for the last 10 years or more (or when it was last in use).
- The total cumulative floor area of the existing building(s) – within the planning unit – which have changed under Class R rights, must not exceed 1,000m². increased from the previously limit of 500m²
- The building(s) must not be:
- a listed building (or within the curtilage of a listed buildin
- a scheduled monument (or part thereof)
- form part of a (or be located within) a safety hazard area
- form part of an explosives storage area
- Any external building works will require planning permission
Now, looking at the changes that came into effect for Class R applications, these include:
Widening of the rights to include any buildings in a rural use, rather than just agricultural use.
There has also been an increase in the floor area that can change use from 500 sqm to 1,000 sqm.
Generally, a wider range of uses are now also being permitted which include general industrial purposes, the provision of agricultural training, and use for outdoor sports or recreation in addition to the uses already allowable which included storage or distribution, hotel use and commercial use.
Additionally, a new condition has been applied to the change of use to general industrial purposes, which states that such use has to be limited to “the processing of raw goods (excluding livestock) which, other than ancillary goods, are produced on the site and are to be sold on the site”.
The procedure to apply for applications under Class R varies slightly depending on the size of the building:
Buildings with less than 150 m² of existing floor space to be converted:
Will have to provide the local authority with:
- the date the site will begin to be used for any flexible use
- the proposed nature of the use or uses
- a plan indicating the site and which buildings have changed use
For developments of floor areas up to 150 m² there is no requirement to wait from the date of submission before development or use can start.
In terms of buildings which exceed 150 m²:
The applicant must first submit a 56-day notice to the Planning Authority for prior approval. Such developments can’t begin before written confirmation is received that either prior approval is – or is not required.
Now looking at the changes relating to Part 6 applications, for traditional agricultural buildings:
These come in two parts, the first is under Class Α of Part 6 for agricultural units of 5 hectares or more:
The ground area which may be covered by any building using these permitted development rights has increased from 1,000 to 1,500 sqm. If you the building, however, is planned to be used for livestock, this remains at 1,000 sq m
Another change includes the ability to erect new buildings and extensions on a site that is or is within the curtilage of a scheduled monument has been removed.
And any development that was permitted immediately before 21st of May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.
Now in terms of changes under Class B of Part 6, agricultural units of less than 5 hectares, the changes include:
The maximum cubic limit by which a building may be increased has been raised from 20% to 25%. Additionally, the limit on the ground area of any building extended under these permitted development rights has increased from 1,000 square metres to 1,250 square metres.
The ability to extend a building on a site that is or is within the curtilage of a scheduled monument has been removed and any development that was permitted immediately before the 21st of May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.
All these updates enable the reduction on cost and time burdens to businesses as they will no longer have to submit a planning application for the change of use of an existing building to residential use, diversify their business, or erect larger agricultural buildings. It will also benefit local authorities as they will have a reduction in administrative cost and time of processing planning applications.
To sum up what I discussed today:
- As of 21st of May 2024 and any applications made on after this date will be subject to the new permitted development updates
- Updates have been made to the permitted development rights achieved through a Class Q, Class R and Part 6 applications
- The Class Q updates include, the increase of the maximum allowable number of dwellings from 5 to 10 and/or 1,000sqm of floorspace to change use. The previous rules relating to larger and smaller houses are also being replaced by a maximum permitted floorspace of 150 sqm per dwelling. And also the ability to extend the building as part of the conversion process is now limited to “a single storey rear extension that does not extend beyond the rear wall of the existing building by more than 4 metres and is on land covered by an existing hard surface”
- The Class R updates include, an increase in the floor area that can change use from 500 sqm to 1,000 sqm. A wider range of uses are now permitted including general industrial purposes, the provision of agricultural training, and use for outdoor sports or recreation and a new condition has been applied to use for general industrial purposes which limits the use to “the processing of raw goods (excluding livestock) which, other than ancillary goods, are produced on the site and are to be sold on the site”.
- The Part 6 updates include, for agricultural units of 5 hectares or more the ground area which may be covered by any building is increased from 1,000 to 1,500 sqm. The ability to erect new buildings and extensions on a site that is or is within the curtilage of a scheduled monument has been removed and any development that was permitted immediately before 21 May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.
- For agricultural units of less than 5 hectares, the limit on the maximum cubic content by which a building may be increased has been raised from 20% to 25%. The limit on the ground area of any building extended has increased from 1,000 square metres to 1,250 square metres. The ability to extend a building on a site that is or is within the curtilage of a scheduled monument has been removed; and any development that was permitted immediately before 21 May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.
