The Government have announced that they are extending permitted development rights that will allow certain agricultural buildings to be converted to up to three residential properties (including flats). The proposed mechanism for this will be through the ‘prior approval’ process that we have seen applied to office to residential changes of use in 2013.
Having assessed the legislation, it is apparent that there is complex raft of conditions and restrictions that make the proposals far from simple. This note sets out a basic summary of how the legislation will be applied.
The initial criteria to assess whether a building is eligible are:
- is the building or group of buildings no more than 450 square metres?
- Is the site part of an established agricultural unit which was in use solely for agricultural purposes prior to the 20th March 2013?
- Is the building free from a restrictive agricultural tenancy?;
- Is the site outside of a Conservation Area, Area of Outstanding Natural Beauty, The Broads, National Park, World Heritage Site, Site of Special Scientific Interest, designated Safety Hazard Area and Military Explosives Storage Area?
- Is the building un-listed (or curtilage listed) and not within a scheduled ancient monument?;
If a building or group of buildings meets these criteria, then an assessment would need to be undertaken as to whether the building could be converted without alterations that are beyond what is “reasonably necessary for the building to function as a dwellinghouse”. In assessing applications for prior approval the Local Authority will be entitled to assess external alterations against the National Planning Policy Framework (NPPF) and local plan policies relating to design, materials and outlook - almost as it were a planning application in these terms.
In determining an application for ‘prior approval’, and beyond issues relating to external appearance, the Local Authority would be limited to considering the following factors:
(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, or
(e) whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order.”
The latter would appear to be a particularly subjective consideration and a matter that is open to interpretation against local planning policies and guidance contained within the NPPF.
These regulations will come into force on 6th April 2014.
Iceni Projects can help you, so if you would like advice, please contact Paul or your usual Iceni contact.