On 30 April 2024, The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 was made law. This introduces changes to Part 3 (Changes of Use): Class Q, Class R, and Part 6 (Agriculture and Forestry): Class A and B permitted development rights. Its provisions come into effect from 21 May 2024, with transitional arrangements in place for the Class Q and Class A and B changes. The changes are likely to affect a wide range of rural development projects in England, so we have compiled a useful overview.
Please note the following does not constitute formal or legal advice.The original legislation should always be referred to, and professional planning advice from informed experts such the AssetSphere team should always be sought.
Class Q – agriculture to dwellinghouse (amended by article 3)
The headline changes are that Class Q now also applies to former agricultural buildings which are no longer part of an established agricultural unit, and a building does not need to have been used ‘solely’ for agriculture to qualify. However, it must not have had a non-agricultural use.
The new relevant date on which buildings, currently or formerly, should have been part of an established agricultural unit is 24 July 2023 (with buildings which were brought into use after that date, having to have been in use for 10 years prior to when the proposed Class Q development would commence, to qualify).
Amendments have also been made to the maximum cumulative floor space limit, which is proposed to change use. This is now 1,000m2, whilst the total number of dwellings which can be proposed is now 10. There is also a new maximum floor space limit for each dwelling of 150m2.
Single storey extensions are also permitted (if compliant with the criteria) and a small amount of flexibility is allowed in terms of proposed works beyond the existing building’s external dimensions (up to 0.2m). It is also confirmed that proposals must comply with the nationally described space standard and that the building must already have suitable access to a highway.
The Class Q permitted development right has not been extended to article 2(3) land, so is not permitted in Conservation Areas, National Parks, National Landscapes (formerly AONBs), The Broads, World Heritage Sites or areas specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981.
Transitional arrangement (article 10):
Where a proposal would have been permitted development immediately prior to 21 May 2024, but is no longer permitted as a result of the changes, an application can be made for prior approval (in relation to previously permitted development) until the end of 20 May 2025. Meaning that applications can be made under the previous permitted development rules for a period of 12 months.
Class R – agriculture to flexible commercial use (amended by article 4)
This now includes changes of use to: (a) Class B2 (general industrial) and Class F.2(c) (outdoor sport or recreation), in addition to the already permitted change of use to Class B8 (storage or distribution), Class C1 (hotels), Class E (commercial, business or service). Change of use (b) for the provision of agricultural training is also now permitted.
Furthermore, the cumulative maximum floor space limit (of area which is changing use) will be increased from 500m2 to 1,000m2.
The conditions confirm that, “where the site is to be used for general industrial purposes within Class B2, it must only be used for the processing of – (i) raw goods, excluding livestock, which are produced on the site and are to be sold on the site, or (ii) raw goods mentioned in paragraph (i) together with goods ancillary to the processing of those raw goods”.
Class A – agricultural units over 5ha
The changes include that, “any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations” will be limited to 1,000m2. Whereas the maximum permitted ground area of a building proposed under Class A is increased from 1,000m2 to 1,500m2.
A new paragraph has been included which removes the permitted development right for the “erection or extension of a building, within the curtilage of, a scheduled monument”.
Class B – agricultural units under 5ha (but more than 0.4ha)
The permitted increase of the cubic content of the original building is amended from 20% to 25%, whilst the maximum ground area of any building to be extended by virtue of Class B(a), is amended from 1,000m2 to 1250m2.
A new paragraph has been included which removes the permitted development right for the “erection or extension of a building, within the curtilage of, a scheduled monument”.
Transitional arrangement (article 10):
Where a proposal would have been permitted development immediately prior to 21 May 2024, but is no longer permitted as a result of the changes, an application can be made for prior approval (in relation to previously permitted development) until the end of 20 May 2025. This means applications can be made under the previous permitted development rules for a period of 12 months.