New permitted development right from 6th April 2014

News

Staff Member
You can now convert farm buildings to houses under new permitted development rights in England from 6th April 2014
web-good-barn.jpg

The General Permitted Development Order (GPDO) is the same legislation that lets you put up a farm building without full planning permission. Last year the Government extended these rights to allow offices to be converted to residential and farm buildings to be converted to a range of commercial uses. NOW, the Government have decided that from 6th April 2014 you can change a farm building to a residential dwelling, in fact you can have up to three! There are obviously lots of details and lots of things to consider with a project like this. I would always seek professional advice, not only for the planning advice, but speak to your accountant about the new asset / income stream and your business and family planning as a whole….

This is applicable in England only!

What you need to know if you want to change a building from ag use to resi:

· The site needs to solely for an agricultural use, as part of an established agricultural unit on 20th March 2013

· You can change the use of existing agricultural buildings and land within their curtilage FOR UP TO 3 dwellings

· The permitted rights also include the building operations reasonably needed for the conversion- this only includes- windows, roofs or external walls; and services (water, gas electricity, drainage) and partial demolition

· 450m2 is the MAX area of buildings that can be converted

· The new building can’t be bigger than the footprint of the original building

· You will need to get prior approval for: location and siting; design and external appearance; transport and highways; noise; contaminated land; and flood risk.


You can’t use this IF:

· You don’t live in England

· You have a listed building or

· Your building is in a National Park, AONBs, conservation areas, World Heritage Sites and The Broads, Sites of Special Scientific Interest (SSSIs), a safety hazard area or on a military explosives storage area

· Your building is on a scheduled monument


There are other things to consider:

· Obviously there are more complicated areas that need to be considered as each situation is different. For example, if you are a tenant you will need to consider your tenancy position and discuss the development with your landlord- there have been provisions made about these situations…

· There are no specifics about redundant or under used buildings, the text only talks about ag buildings

· We don’t know whether there will be a time limit on these rights / change of gov’t change of planning legislation?

· If you have applied under GPDO to erect a new agricultural building in the past year then the right to use the new change of use is lost for 10 years

· Contrariwise, if you use the new rights then the existing rights to erect new farm buildings will be lost for 10 years

Opportunities for your business

· Opportunity to get workers / family members dwellings without having to prove an agricultural need for the property

· Lump sum income from the sale of one of the properties

· Monthly income from a let house


If you would like any help or would simply like to discuss these new rights, do get in touch!


Jude


About the author:

TFF member @blondeagadvisor will be a regular blog contributor majoring on business matters and other areas of interest, she works for Berrys in Kettering, Northamptonshire

@blondeagadvisorhttp://blondeagadvisor.wordpress.com/
[email protected]


http://www.berrybros.com/
 

Nearly

Member
Location
North of York
Quote 'if you use the new rights then the existing rights to erect new farm buildings will be lost for 10 years'

is this just new permitted development buildings or does it exclude new full planning sheds too?

interesting but almost designed to not be worth it unless you're about to retire?
 

rob1

Member
Location
wiltshire
Quote 'if you use the new rights then the existing rights to erect new farm buildings will be lost for 10 years'

is this just new permitted development buildings or does it exclude new full planning sheds too?

interesting but almost designed to not be worth it unless you're about to retire?
As I understand it, any new shed built since the date these ideas were first suggested has to be up for ten years before it can be converted under the rules. Any prior approval for new ag buildings is stopped but normal planning apps for new buildings can still be submitted
Can the resulting dwellings be freely sold on the open market or are they ag tied in any way?
Yes totally free of any tie and can be sold before, during or after conversion and any old building can be done including portal frame etc.

I think the original proposal was for this to last for three years and then it would be reassessed,not sure if this is still planned to be the case
 

JNP

Member
Location
Herefordshire
Quote 'if you use the new rights then the existing rights to erect new farm buildings will be lost for 10 years'

is this just new permitted development buildings or does it exclude new full planning sheds too?

interesting but almost designed to not be worth it unless you're about to retire?

Just permitted development, you can still make full planning applications for new sheds.

Can the resulting dwellings be freely sold on the open market or are they ag tied in any way?

The is no mention of a tie in any of the documents I have read through. We are looking at it for a place at the in-laws.
 

billboy 1

Member
Location
derbys
ok so 6 years ago I converted barn to holiday let because couldn't get planning for residential or office will I now be able to get planning for residential scratchhead
 

Nearly

Member
Location
North of York
3 dwellings per farm business, per holding number or per council area?
It's important, it could make a difference. The 'family' have 3 farmyards on 3 different holding numbers (due to distance apart) in 3 different council areas.
Portal frame conversion could be interesting. 150'x200' house anyone? ;)
I can feel retirement calling, and leave someone else with the probelms. :sneaky::whistle:
 

rob1

Member
Location
wiltshire
3 dwellings per farm business, per holding number or per council area?
It's important, it could make a difference. The 'family' have 3 farmyards on 3 different holding numbers (due to distance apart) in 3 different council areas.
Portal frame conversion could be interesting. 150'x200' house anyone? ;)
I can feel retirement calling, and leave someone else with the probelms. :sneaky::whistle:
I believe it would be holding number, the size is limited, from the original proposals it was per house IIRC not sure if that has been retained or if it total floor space for all three combined so you could have one big and two smaller ones etc, will wait for the details before having some thoughts on it
 
Quote 'if you use the new rights then the existing rights to erect new farm buildings will be lost for 10 years'

is this just new permitted development buildings or does it exclude new full planning sheds too?

interesting but almost designed to not be worth it unless you're about to retire?

it's only for those under GPDO, it doesn't stop you applying for full planning permission, so if you have a genuine need for the ag building there shouldn't be any issues getting it.
 

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