RECAP 2019 Jonathan Jenkin Managing Director Planning & Design - - PowerPoint PPT Presentation

RECAP 2019 Jonathan Jenkin Managing Director Planning & Design Practice Ltd Class Q & Class R

Introduction

• Class Q – One of the most contentious elements
• f the Government’s raft of changes since 2010
• Introduced April 2014
• Allows Change of Use and conversion of

agricultural buildings to dwellings

• Less contentious - Class R Allows Change of Use

from agriculture to a flexible business use

Presentation

1) Recap on Class Q & Class R 2) Evolving interpretations of Class Q 3) Case studies and statistics 4) The Impact of Class Q and Class R

What does Class Q allow?

Permit itted development Q. . De Development con

• nsistin

ing of

• f—
• (a) a ch

change of

• f use

se of a building and any land within its curtilage from a use as an agricultural building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order; and

• (b) build

ildin ing op

• perations reasonably necessary to convert the building referred to in

paragraph (a) to a use falling within Class C3 (dwellinghouses) of that schedule

Class Q criteria

• The building must be in sole agricultural use and part of a registered

agricultural holding

• Must be in active agricultural use on 20th March 2013 or when last in use with

no other intervening uses*

• Can create up to 5 dwellings on each holding , with up to 3 larger dwellings

(over 100sq. m) to a maximum of 465 sq. m and two smaller dwelling of up to 100sq.m each

• Maximum floor space for one large dwelling is 465 sq. m and maximum

amount of changed space 865 sq. m (1x 465sq. m + 4x 100sq. m)

• No extensions beyond the existing envelope - walls, roof, roof slope and floor
• The building must be strong enough to take the loading caused by the

external alterations

Class Q criteria

• The Building works must be completed and the property occupied within 3

years

• The permitted residential curtilage is small – anything larger than the

footprint of the building requires planning permission

• The installation of septic tanks and Sewage Treatment Plants can be included

within the application under Class Q(b)

• Planning Practice Guidance Paragraph 105 states:

Internal works are not generally development. For the building to function as a dwelling it may be appropriate to undertake internal structural works, including to allow for a floor, the insertion of a mezzanine or upper floors within the overall residential floor space permitted, or internal walls, which are not prohibited by Class Q Paragraph: 105 Reference ID: 13-105-20180615 Revision date: 15 06 2018

Class Q Exclusions

• Cannot use Class Q if other works were carried out using Part 6 Permitted

Development Rights since March 2013

• Class Q rights do not apply to listed buildings or buildings within their

curtilage

• Class Q rights do not apply in Conservation Areas, AONBs, World Heritage

Sites or in National Parks

• Any new agricultural buildings constructed on a holding with planning

permission cannot be converted into a dwelling(s) for 10 years

• A dwelling created under Class Q has no Permitted Development Rights to

alter or extend

Class Q Prior Notification process

prior approval of the authority will be required as to— (a) transport and highways impacts of the development (b) noise impacts of the development (c) contamination risks on the site (d) flooding risks on the site (e) whether the location or siting of the building makes it

• therwise impractical or undesirable for the building to change

from agricultural use to a use falling within Class C3 (dwelling houses) of the Schedule to the Use Classes Order, and (f) the design or external appearance of the building

Class Q Prior Notification process

• Impractical or undesirable:
• There may, however, be circumstances where the impact cannot be
• mitigated. Therefore, when looking at location, local planning authorities

may, for example, consider that because an agricultural building on the top of a hill with no road access, power source or other services its conversion is impractical. Additionally the location of the building whose use would change may be undesirable if it is adjacent to other uses such as intensive poultry farming buildings, silage storage or buildings with dangerous machines or chemicals (Planning Practice Guidance P109)

• Whilst the principle of development is accepted a Class Q

application must be submitted with detailed drawings based on a full survey

Class Q Prior Notification process

• Design and External Appearance :
• ‘building operations reasonably necessary to convert the

building’

• and the extent reasonably necessary for the building to

function as a dwelling house

Class Q Four distinct eras

Legislation has not changed since April 2014 but its interpretation has……… 1) April 2014-March 2015 (lack of guidance) 2) March 2015-Nov 2016 (new guidance) 3) Nov 2016- June 2018 (post Hibbitt case) 4) June 2018 to Present - extended rights and new guidance

Class Q 1st era (April 2014-March 2015)

• Widespread head scratching
• LPAs refusing where possible, particularly due to

locational sustainability test

• Lack of guidance to accompany ambiguous legislation
• Only 21% of appeals were allowed (unsustainable

location)

1st era (April 2014-March 2015)

1st era (April 2014-March 2015)

1st era (April 2014-March 2015)

Some innovative solutions……..

2nd era March 2015-Nov 2016

New Planning Practice Guidance, March 2015. Helped to clarify: 1) Sustainability of location – the permitted development right does not apply a test in relation to sustainability

• f location….Instead, the local planning authority can

consider whether the location and siting of the building would make it impractical or undesirable to change use to a house May be ‘impractical’

2nd era March 2015-Nov 2016

New Planning Practice Guidance. Helped to clarify: 2) Structural integrity – “it is not the intention of the permitted development right to include the construction of new structural elements for the

• building. Therefore it is only where the existing

building is structurally strong enough to take the loading which comes with the external works to provide for residential use that the building would be considered to have the permitted development right.”

2nd era March 2015-Nov 2016

Impact on appeals Less proposals refused on sustainability of location

• Percentage of appeals in which the "location or siting of the building" was found to be

acceptable increased (from 35% to 83%) More refused on proposed building operations

• percentage of appeals in which the proposed building operations were found to be

acceptable dropped from 37% to 23% So the Planning Practice Guidance gave with one hand but took away with the other

(Source: Planning Jungle)

2nd era March 2015-Nov 2016

Dwelling Farm building Refused due to:

• 1. Sustainability
• 2. Proximity to farm building

2nd era March 2015-Nov 2016

2nd era March 2015-Nov 2016

What about internal works? Under S55(2) of the TCPA 1990 “The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land— (a) the carrying out for the maintenance, improvement or other alteration of any building of works which— (i) affect only the interior of the building, or (ii) do not materially affect the external appearance of the building” This is now explicit in Planning Practice Guidance paragraph 105

3rd era (Nov 16-June 2018 )

High Court decision, early November 2016

• Hibbitt v Secretary of State for Communities and Local Government
• 30 metre, steel-framed barn, largely open on three sides
• LPA refused conversion, Inspector dismissed appeal
• Mr & Mrs Hibbitt sought to quash the Inspector’s decision

3rd era (Nov 16-June 18)

Hibbitt case details

• Judge upheld the decision of the Inspector
• Has clarified that a “conversion” of an agricultural building can

constitute permitted development under Class Q, but a “rebuild” or ‘fresh build’ cannot

• The distinction is a matter of planning judgment, but it is far from clear

where the dividing line falls

• Much of the existing external fabric must now be retained
• The building must be enclosed on at least 3 sides

3rd era (Nov 16-June 18)

• LPA refused due to extent of building operations.
• Inspector commented “The existing building would be

stripped down to the frame only. In my view, if comparing what would remain of the original building with what would be constructed, it would be reasonable to conclude that the works carried out would, as a matter of fact and degree, be more than

• conversion. As such, I consider the nature and extent of

the works to be such that the development would amount to a ‘fresh build’ as set out in Hibbitt.”

• Hibbitt case mentioned 3 times

4th era (June 18 to Present )

• Number of units increase from 3 to 5
• Floor space increase from 450sq.m to 465 sq.m –

865sq.m

• Guidance on using Section 55 (internal works)
• Retention of the Hibbitt legal judgement
• Acceptance and understanding by most LPAs
• Conversion of Farm Building in Derbyshire Dales

to Dwelling - Allowed June 2019

Class Q (agricultural to residential)

TESTS APPLIED

(f) The design or external appearance of the building.

Some LPA’s still resist the conversion of modern agricultural buildings on this criteria (Staffordshire Moorlands) : Reason for Refusal :

“…not capable of functioning as a residential conversion and significant and extensive rebuilding and new structural elements would be required. The design and appearance of the proposed development would result in a building which does not harmonise with the character and appearance of the surrounding rural area and would be harmful to the visual amenities of the area. It would conflict Page 2 with government planning guidance contained in Section 7 ‘Requiring Good Design’ of the National Planning Policy Framework (NPPF).” “Due to the excessive number of window openings, wide expanses of glazing and materials mix, the resultant building would have an adverse and harmful visual impact upon its rural surroundings and the proposal therefore fails to meet criteria Q1(i) and is contrary to conditions Q.2 (e) and Q.2 (f) of the Town and Country Planning (General Permitted Development) Order 2015 and Chapter 7 of the NPPF in particular paragraphs 58 to 61 and 64.”

However – appeal decisions are useful to refer to: “…the permitted development right under Class Q, which as its starting point, grants permission for agricultural buildings to be converted to dwellings, and it must therefore be the government’s intention that, in principle, such buildings can remain in the landscape and serve a new function as dwellings.”

APP/B3438/W/3202031

Allowed 23rd October 2018

What does Class R allow?

Permit itted development R.

• R. De

Development con

• nsistin

ing of

• f—
• Development consisting of a change of use of a building and any land within its

curtilage from a use as an agricultural building to a flexible use falling within Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class B1 (business), Class B8 (storage or distribution), Class C1 (hotels) or Class D2 (assembly and leisure) of the Schedule to the Use Classes Order

Class R criteria

• The building & its curtilage needs to have been solely in agricultural use on

the 3rd July 2012 (or when it was last in use) and part of an established agricultural unit

• If brought into use after 3rd July 2012, it must have been maintained in that

use for a minimum of ten years

• The total cumulative floor area of the existing building(s) - within the

established agricultural unit, must not exceed 500sq. m

• Class R Conversion - sui generis use (i.e. no use specific class)
• Can change from one flexible use to another subject to prior notification
• The Change of Use must take place within 3 years

Class R Exclusions

• No permitted development rights
• Development is not permitted if the site is, or forms part of, a military

explosives storage area

• Development is not permitted if the site is or forms part of, a safety hazard

area

• Development is not permitted if the building is a listed building or a

scheduled monument

• Class R rights do apply in Conservation Areas, AONBs, World Heritage Sites
• r in National Parks
• Any new agricultural buildings constructed on a holding with planning

permission cannot be converted into a flexible business use for 10 years Change of use only: all external alterations can require planning permission

Class R Prior Notification process

Up to 150 sq. m

• Write to the LPA , the date when the flexible use will start
• The nature of the use
• A plan showing the building
• There is no waiting period

Between 150 sq.m and 500 sq. m – formal prior notification (56 days)

(i) transport and highways impacts of the development; (ii) noise impacts of the development; (iii) contamination risks on the site; and (iv) flooding risks on the site, and the provisions of paragraph W (prior approval) apply in relation to that application (the provision of sufficient information for the LPA )

Curtilage - for Class R and Class Q

• “curtilage” means, for the purposes of Class Q, R or S only—
• (a) the piece of land, whether enclosed or unenclosed, immediately

beside or around the agricultural building, closely associated with and serving the purposes of the agricultural building, or

• (b) an area of land immediately beside or around the agricultural building

no larger than the land area occupied by the agricultural building,

• whichever is the lesser

Additional Planning Applications following a Class Q Permission

• Changes to the exterior cladding
• Extending the residential curtilage
• Adding garages and other out-buildings

Additional Planning Applications following a Class R Permission

• External Alterations to a building
• Provision of a new or improved access an access track
• Signage
• Application for more than one use to allow flexibility without prior notification

Overall impact of Class Q

• Provides a mix of options when considering barn conversions
• The conversion of traditional buildings is now a given in most cases
• It allows for both the conversion of traditional buildings and modern buildings
• The national statistics show that 7,092 Class Q applications were approved between

April 2014 and September 2018, with an average approval rate of 59% over the five years – 1,576 per year

• In contrast, traditional minor residential full planning applications (for up to 10

dwellings) show a consistent approval rate of around 74%. There have been 186,030 of these approvals over the same period (in urban and rural locations)

Overall impact of Class R

• It helps to address the principle of development
• In particular it helps with farm shops and small scale retail
• On edge of town locations it can provide an important backstop

The future of Class Q?

• We will normally suggest the conversion of traditional buildings as planning

applications not Class Q

• Why:
• It allows a range of previous uses including equestrian - it is the quality of the building and not

its use

• Intervening uses are not a problem
• It allows for extensions
• There is no three year rule allowing the permission to be banked
• Class Q is here to stay for the time being - it is not a political priority

The future of Class Q?

BUT:

• Climate Change - it may be ruled as un-sustainable
• Biodiversity – Will need to consider biodiversity enhancement – dropped from the

current legislative process (BREXIT) but it will return

The future of Class R?

• Being change of use only its direct impact has been slight
• Given that it provides a backstop it has allowed an increase in rural business

conversions

• Class R is here to stay for the time being - it is not a political priority

Tel: 01332 347 371 www.planningdesign.co.uk