Class Q planning granted on working farm
- Thread starter Wildman
- Start date
- Location
- Glen Clova, Angus, DD8 4RD
@George from SJM Planning
An interesting one. Grant of planning negates a farming tenancy but the landlord hasn't got full planning, only confirmation that they can convert the building(s) under the Permitted Development rules and so do not need it........
Goweresque
Member
- Location
- North Wilts
According to the legislation that brings Class Q into law, planning permission cannot be obtained under Class Q if the buildings are subject to a tenancy, unless the tenant agrees.
See Q1 (d) in the link below:
www.legislation.gov.uk
I would suggest you need to get legal advice pronto. It may be that the council have messed up, or they were not informed that the site is currently tenanted, or the applicant stated it was not. Either way I'd say the permission is not valid. But it might take a court case to get it annulled.
See Q1 (d) in the link below:
The Town and Country Planning (General Permitted Development) (England) Order 2015
This instrument consolidates with amendments, in relation to England, the Town and Country Planning (General Permitted Development) Order 1995 and subsequent amending instruments and revokes in relation to England the instruments listed in Schedule 4.
I would suggest you need to get legal advice pronto. It may be that the council have messed up, or they were not informed that the site is currently tenanted, or the applicant stated it was not. Either way I'd say the permission is not valid. But it might take a court case to get it annulled.
glasshouse
Member
- Location
- lothians
Tfa pronto
- Location
- Wales UK
Pay out?
Best have a chat , get an agent for compensation .
Saying that he can only convert 455 sqm under class q
Development is not permitted by Class Q if....
...
(d)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
(e)less than 1 year before the date development begins—
(i)an agricultural tenancy over the site has been terminated, and
(ii)the termination was for the purpose of carrying out development under Class Q,
unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use;
Definitely needs some legal advice, toute suite!!
...
(d)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
(e)less than 1 year before the date development begins—
(i)an agricultural tenancy over the site has been terminated, and
(ii)the termination was for the purpose of carrying out development under Class Q,
unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use;
Definitely needs some legal advice, toute suite!!
Last edited:
Planners hate class q , maybe the OP needs to see what is to be converted . it won't be much .
Tempted to go Class Q here, no problems whatsoever, other than what to do with the properties afterwards...
Neighbours????
- Location
- Lincolnshire
Could be a nice payday unless you *really* want to use whatever shed will be going.
You don't want them .......Tempted to go Class Q here, no problems whatsoever, other than what to do with the properties afterwards...
Neighbours????
You are right, and 12 months of Covidiots have confirmed this emphatically!
- Location
- Glen Clova, Angus, DD8 4RD
That rose to 1000 m2 a few years ago I believe. We have approval here for 9000 square feet.
Nearly
Member
- Location
- North of York
Bit if that 'permission' is invalid then full permission shouldn't be allowed.
Have a look on the council planning portal and download / print off all the forms about the part Q application to keep a record.
Check the application forms online. There is a question about agricultural tenancy, see if this has been answered correctly. If not, email the planning department and point out the error; there isn't much they can do to be honest but it might stir them up a bit.
Then get yourself some legal advice; Landmark Chambers in London are our preferred legal advisers for these types of issues.
It all depends on the size of the dwellings. The maximum number of dwellings is 5, no more than two can exceed 100m2 and the cumulative floor are of those two can not exceed 465m2. The others can be no larger than 100m2. To maximise the area it is best to have one larger dwelling at 465m2 and 4 x 100m2 = 865m2.
You can only have 5 dwellings under Class Q on any single holding. There is no time when the 5 restarts so I don't believe they can all have been under Class Q.
would he be able to get them on permitted development?
- Tags
- application sheep
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