Exploring the proposed changes to permitted development rights and the implications for farmers
By Andrew Heskin, Partner and ARA specialist
In 2023, the Department for Levelling Up, Housing and Communities initiated a consultation on expanding permitted development rights, potentially marking a significant shift for farmers and landowners.
With the consultation now closed, the agricultural community eagerly awaits the Government’s decision.
Overview of the 2023 consultation
The consultation, titled ‘Consultation on additional flexibilities to support housing delivery, the agricultural sector, businesses, high streets and open prisons; and a call for evidence on nature-based solutions, farm efficiency projects and diversification’, ran from 24 July to 25 September 2023.
The National Farmers Union (NFU) gathered members’ views by 31 August to contribute to their response.
This consultation proposed potential changes to permitted development rights, aiming to increase flexibility across various sectors, including agriculture.
The context of rural development
The Government’s ‘Unleashing rural opportunity’ policy paper and the popularity of ‘Clarkson’s Farm’ in 2023 brought to light the challenges posed by the planning system to rural economic growth.
These developments have been instrumental in prompting a re-evaluation of existing policies.
Anticipated changes to Class Q
Class Q, which facilitates the conversion of barns or agricultural buildings to residential use, was subject to potential expansion in the 2023 consultation.
The proposed changes could extend this right to more areas, including National Parks, the Broads, Areas of Outstanding Natural Beauty (AONB), and Conservation Areas, excluding World Heritage Sites.
This expansion would recognise the need for development in these areas while preserving their natural beauty.
Key proposed changes to Class Q
- Floor-space limitations – The proposal suggested reducing the maximum floor space for a single dwelling from 465 square metres to between 100 and 150 square metres.
- Increase in housing numbers – The number of homes eligible for creation under Class Q could increase from five to 10.
- Minimum size requirement – A building would need to be at least 37 square metres to qualify for Class Q conversion.
- Rear extensions – Rear extensions on previously developed land might be allowed, provided they are single-storey and no more than four metres deep.
A potential challenge identified was the requirement for buildings to have existing access to a public highway, which is not common for many agricultural buildings.
Proposed changes to Class R
Class R, which currently relates to the change of use from agricultural to flexible commercial use, might see broader application.
It could include buildings in ‘rural use’ like forestry and equine, and expand ‘flexible commercial use’ to encompass outdoor sports, recreation, fitness, and general industrial uses favouring on-site processing and sale of non-livestock products.
Looking ahead
With the consultation now closed, the agricultural sector is in a period of anticipation, waiting for the Government to finalise and publish the outcomes in the General Permitted Development Order.
These changes, if implemented, could significantly ease the process of building, converting, and extending in rural areas.
The 2023 consultation reflects a Government commitment to enhancing the rural economy.
The proposed changes aim to streamline processes for farmers and landowners, aligning with the promises made in the Unleashing Rural Opportunity Paper and the Farm to Fork Summit.