Understanding Permitted Development Rights

Permitted development rights allow certain types of development to be carried out without the need for full planning permission. These rights are consistent across the country, although local authorities may have different ways of dealing with them and approval rates vary significantly from one region to another. For rural landowners, the most relevant rights are:

• Class Q: Agricultural to Residential
• Class R: Agricultural to Commercial
• Class A: Agricultural Development

Class Q: Agricultural to Residential Conversion

Class Q rights were updated by the Government in May 2024, and we are now in a transitional period where both the ‘old’ and ‘new’ legislation can be implemented. The updates offer more flexibility for landowners looking to convert agricultural buildings into residential dwellings, however, there are also some additional constraints.

Key Changes and Opportunities

1. Increased number of dwellings: The maximum number of dwellings per ‘established agricultural unit’ has increased from 5 to 10, opening up more opportunities for residential development.
2. Larger total floor space: The maximum total floor space has increased from 865 square metres to 1,000 square metres, allowing for larger overall developments.
3. Individual dwelling size limit: Each dwelling is now limited to 150 square metres, down from the previous 465 square metres. This change may require more strategic planning for larger barns.
4. Extensions now permitted: Ground floor extensions of up to 4 metres in depth and height are now allowed, providing they're built on existing hardstanding to the rear of the building. Protrusions of up to 0.2 metres to accommodate building operations are also now allowed.
5. Access: an existing, surfaced means of access form the highway to the building must already be in place for buildings to be eligible for Class Q.

Important Considerations

• Class Q developments are exempt from biodiversity net gain requirements, affordable housing provisions, and sustainability location criteria.
• These rights can be used in Green Belt areas, offering unique opportunities in otherwise restricted locations.
• Ensure you have suitable access to the building before applying for Class Q permission.
• Consider phased approaches for extending buildings, such as establishing hardstanding before applying for an extension.
• You can still use the old legislation for creating larger dwellings of up to 465sqm until 20^th May 2025.

Class R: Agricultural to Commercial Change of Use

Class R rights have also seen updates, providing more options for diversifying farm income through commercial developments.

Key Changes

1. Increased floor space: The maximum floor space has doubled from 500 to 1,000 square metres, significantly increasing potential rental income.
2. Expanded use classes: New uses have been added, including B2 (industrial processes), opening up a broader range of potential tenants.

Opportunities and Considerations

• Class R can be used in Areas of Outstanding Natural Beauty (AONBs)/National Landscapes and Conservation Areas, unlike Class Q.
• While the change of use is permitted development, any conversion works may require full planning permission.
• Class R can be a stepping stone to more extensive commercial development in the future, as well as creating ‘brownfield land’.

Class A: Agricultural Permitted Development

Changes to agricultural permitted development rights have made it easier for farmers to invest in new buildings.

Key Change

• The maximum footprint for new agricultural buildings under permitted development has increased from 1,000 to 1,500 square metres, which can be implemented every two years.

Benefits

• Larger buildings can be constructed without full planning permission.
• The process is quicker, with only a 28-day determination period.
• No biodiversity net gain requirements apply to these developments.

Conclusion

These changes to permitted development rights offer exciting opportunities for landowners to maximise the value and utility of their properties. Whether you're looking to convert agricultural buildings to residential or commercial use, or expand your farming operations, these updated rights provide more flexibility and potential for development.

However, it's important to approach these opportunities strategically. Consider phased approaches where necessary, and always ensure you're complying with all relevant regulations. While these rights have simplified many aspects of development, professional advice can be invaluable in navigating the complexities and making the most of your land assets.