Permitted development rights for the change of use of agricultural buildings

[edit] Context

Generally it has been up to a local planning authority to decide whether to allow a particular development or not. However central government can permit certain types of developments known as permitted developments. These are generally minor changes to existing properties. However over the years the extend of permitted development for rural communities and agricultural buildings in particular has increased, significantly.

[edit] 2024 Changes by order

As of May 21, the Town and Country Planning Amendment Order (General Permitted Development, etc) 2024 comes into effect. This makes a number of increased allowances tp permitted development rights (PDR) for farmers and owners of agricultural buildings outlined here:

[edit] Allowable floorspace increased

The amount of floorspace that can change from agricultural use to ‘flexible commercial use’ will increase from 500 square metres to 1,000 square metres. The amount of floorspace that can change from a building on an agricultural unit and a former agricultural building to a home will increase from 865 square metres to 1,000 square metres.

[edit] Range of commercial building uses widened

The range of uses agricultural buildings and land within their curtilage can be used for will widen. This will fall under ‘flexible commercial use’ to include:

• the processing of raw goods produced on the site and which are to be sold on the site (excluding livestock)
• the provision of agricultural training
• outdoor sports, recreation and fitness uses within the curtilage of an agricultural building.

[edit] Increased new build or extension areas and volumes

The ground area limit of new buildings or extensions erected on farms over 5 hectares will be increased in size from 1,000 square metres to 1,500 square metres. For farms under 5 hectares in size the ground area limit for extensions to existing agricultural buildings will also increase but from 1,000 square metres to 1,250 square metres.

The cubic content limit of an agricultural building will also increase with an extension from 20% to 25% above the original building cubic content.

[edit] Increase in numbers of allowable homes

To encourage conversion of agricultural buildings to more homes suited to rural needs, a single maximum floorspace per house is limited to 150 square metres. The number of allowable homes, initially 3, then increased to 5, will now be increased to 10. Allowing up to 10 homes to be delivered and allowing up to 1,000 square metres of floorspace to change use overall. The housing delivered must meet national space standards, and receive prior approval from the local planning authority that they have adequate natural light.

This permitted development right excludes protected landscapes (which includes National Parks and National Landscapes). However the other rights can be used in protected landscapes.

[edit] Scheduled monuments

Where there is a designated scheduled monument, the ability for extensions and the erection of new buildings is removed. This is to ensure that nationally important monuments are preserved for the benefit of current and future generations.

[edit] 2023 consultation on PDR for agricultural conversions

Between July and September 2023, a consultation was undertaken by the Department for Levelling Up, Housing and Communities (DLUHC) between July and September. The consultation sought to understand where additional flexibility could support the agricultural sector, with the views of 977 respondents considered.

[edit] 2018 changes on PDR for agricultural conversions

In March 2018, changes to permitted development rights were announced that provided rural communities with more options to convert agricultural buildings into family homes. The maximum new homes capable of being created from existing agricultural buildings on a farm increased from three to five. This allowed for:

• Up to 3 larger homes within a maximum of 465 sq. m.
• Up to 5 smaller homes, each no larger than 100 sq. m.
• Combination of both above options - no more than 5 homes (no more than 3 being larger homes).

It was intended for the new measures to help farmers adopt the latest innovations in farming practices by increasing the size limit of new agricultural buildings from 465 to 1,000 sq. m.

(Ref. https://www.gov.uk/government/news/housing-minister-announces-homes-boost-for-rural-families)

[edit] 2015 Guidance on agricultural PDR strengthened

In 2015, the guidance on permitted development rights for conversions of agricultural buildings was strengthened, following complaints that whilst there had been a rise in the number of applications to convert barns into homes in 2014, only one in three had been successful. This was described as a ‘scandal’ by the Country Land and Business Association (CLA).

The 2015 guidance makes clear that whilst the terms, ‘impractical or undesirable’ are not defined in the regulations, local authorities ‘…should apply a reasonable ordinary dictionary meaning in making any judgment. Impractical reflects that the location and siting would “not be sensible or realistic”, and undesirable reflects that it would be “harmful or objectionable”.’

It goes on to state that, ‘When considering whether it is appropriate for the change of use to take place in a particular location, a local planning authority should start from the premise that the permitted development right grants planning permission, subject to the prior approval requirements. That an agricultural building is in a location where the local planning authority would not normally grant planning permission for a new dwelling is not a sufficient reason for refusing prior approval.’

The guidance points out that, ‘When a local authority considers location and siting it should not therefore be applying tests from the National Planning Policy Framework except to the extent these are relevant to the subject matter of the prior approval. So, for example, factors such as whether the property is for a rural worker, or whether the design is of exceptional quality or innovative, are unlikely to be relevant.’

President of the CLA, Henry Robinson said:

"Since the agricultural buildings' PDRs came into force there has been significant demand from farmers and landowners to convert buildings on their land, but they have found themselves frustrated by inconsistent and unduly restrictive decisions to refuse conversions across the country… That is why we have been determined to get ministers to clarify the law so that all involved know where they stand when it comes to implementing the regulations. We are optimistic that this guidance will go a significant way to addressing our concerns."

[edit] 2014 conversion PDR introduced

Permitted development rights (PDR) allowing the conversion of agricultural buildings for flexible use, educational use and residential use were introduced in April 2014. However, it was felt that the associated guidance gave local authorities too much discretion to turn applications down.

[edit] Related articles on Designing Buildings

• Agricultural tenancy.
• Article 4 direction.
• Change of use class.
• Local development order.
• National planning policy framework.
• Permitted development.
• Planning enforcement.
• Planning permission.
• Prior approval.
• Town and Country Planning (General Permitted Development) (Amendment) (England) Order.
• Use class.