Change to permitted development rights

Under new rules farmers will find it easier to secure permission to convert buildings for residential use.  From 6^th April 2014 there will be greater flexibility in change of use under Permitted Development Rights (PDRs).  The Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014 confirms that:

• Change of use of existing agricultural buildings, and land within their ‘curtilage’, to up to 3 dwellings and associated buildings works can be permitted development.
• Buildings up to 450m² can be converted, however the footprint of the development cannot go outside that of the original building.
• Permitted buildings operations are the installation/replacement of windows, doors, roofs, external walls and services. ‘Partial demolition’ is allowed.
• Prior approval must be granted for location and siting, design and external appearance, transport and highways, noise, contaminated land and flood risk.
• The site must have been used solely for agricultural use, as part of an established unit on 20^th March 2013.

These new PDRs will not apply to listed buildings, on scheduled monuments, on SSSI’s, or in Article 1(5) land (National Parks, World Heritage Sites, AONB’s etc.).  This rule change is a permanent alteration to the planning regime (i.e. it is not a derogation for a limited time only). 

Where the site for development is let under the 1986 or 1995 Agricultural Holdings Acts both the landlord and tenant must have consented in writing to the development.  Where the tenancy has been terminated within the past 12 months (in order to carry out the development) there must be consent from both parties that the site is no longer required for agricultural use.

These new rights will sit alongside existing PDRs for agricultural buildings; this will result in some restrictions:

• If existing PDRs are used after 20^th March 2013 to construct a new agricultural building the right for change of use is lost for 10 years.
• If the new rights to change the use of a farm building into a dwelling are used the existing PDR to erect a new farm building will be lost for 10 years.

The new rules do not require that the building being convereted is redundant for agricultural purposes.  Nor do they simply apply to ‘traditional’ farm buildings – more modern constructions are also potentially covered.