Upcoming Changes to Class Q Prior Approval!

[George from SJM Planning]

Following the consultation last autumn we feared that the changes to agricultural permitted development would be swept under the carpet until after the election. However, in a surprise move it was announced last night that as of 21st May 2024 the following changes will come into force - please note this is as we are interpreting them:

Class Q

• Buildings will no longer have to be part of an established agricultural holding - providing it was, in the past, part of an established agricultural holding and its lat use was agricultural then it will now be eligible. This will now allow buildings which have been sold off by farms to be eligible.
• Buildings that are still on agricultural holdings but have been put to non-agricultural uses may now be eligible. This could be a game changer for people refused in the past.
• The conversion can be extended by up to 4m (single storey) off the rear of the building providing that the area the extension will be sited on was a hard surface on or before 24th July 2023. This is a major development as previously Class Q only allowed the conversion of the existing structure.
• The overall dimensions of the building can be increased by upto 0.2m to allow for new or replacement windows, doors, roofs, or exterior walls. Previously there could be no enlargement at all which resulted in compromised designs with regard to cladding and insulation.
• The overall limit for convertible floor area has increased to 1000m2.
• The number of dwellings permitted has been raised to 10.
• However, the maximum floor area per dwelling has reduced to 150m2.
• Barns constructed under Full Planning Permission prior to 24th July 2023 can be eligible, but if they were built under Part 6 Prior Approval they need to be at least 10 years old.
• The proposed development must meet national space standards.
• The building must have suitable existing access to a public highway.

What has not changed (but was mooted in the consultation) was allowing Class Q in AONB's (now National Landscapes) and the addition of Equestrian buildings.

Despite this, the changes will make a lot of buildings now eligible for conversion. Please feel free to drop me a message if you think you might now have a development opportunity.

 

[delilah]

Q landowners cashing in whilst simultaneously bellyaching about incomers. Whilst life just got even harder for new entrants/tenants trying to find a yard and buildings.

 

[B R C]

Is that maximum floor area the footprint or sum of all floors?

 

[George from SJM Planning]

Is that maximum floor area the footprint or sum of all floors?

It is floor area, so if the building is to have an additional floor that would add to the overall area.

 

[TomD]

If the shed isn’t sound enough to build ie a wooden built cubicle shed is there any option of using the site it’s on for class Q or does it have to use certain amount of existing structure ?

 

[farenheit]

Is the 10 years for PD from permission granted, spade in the ground or occupied? Thanks

 

[George from SJM Planning]

If the shed isn’t sound enough to build ie a wooden built cubicle shed is there any option of using the site it’s on for class Q or does it have to use certain amount of existing structure ?

It has to be structurally capable of conversion. If that isn't possible then Class R would allow you to convert it to a commercial use, there is not structural requirement for R.

 

[George from SJM Planning]

Is the 10 years for PD from permission granted, spade in the ground or occupied? Thanks

It is 10 years from the date you notified the council that the building was complete - Part 6 states this must be done within 7 days of completion.
However, most people forget so there is no record of the date on the council files so it is ambiguous. Therefore it is on the applicant to prove when it was complete - and that is when the 10 years starts.

 

[bobk]

It is 10 years from the date you notified the council that the building was complete - Part 6 states this must be done within 7 days of completion.
However, most people forget so there is no record of the date on the council files so it is ambiguous. Therefore it is on the applicant to prove when it was complete - and that is when the 10 years starts.

I did a class q 8 years ago George , can I have another go ? don't think we lost permitted developments rights

 

[George from SJM Planning]

I did a class q 8 years ago George , can I have another go ? don't think we lost permitted developments rights

Yes you can providing you haven't met the limits for floor area or units.
What Class Q does do is stop you using Part 6 for 10 years to erect new buildings.

 

[S J H]

It is 10 years from the date you notified the council that the building was complete - Part 6 states this must be done within 7 days of completion.
However, most people forget so there is no record of the date on the council files so it is ambiguous. Therefore it is on the applicant to prove when it was complete - and that is when the 10 years starts.

Is a dated photo enough evidence to show completion @George from SJM Planning ?

 

[George from SJM Planning]

Is a dated photo enough evidence to show completion @George from SJM Planning ?

Possibly - if the council get funny about it a sworn statement from the contractor or someone stating when they finished would be better.

 

[Beech Tree]

It is floor area, so if the building is to have an additional floor that would add to the overall area.

George, are you able to point me to where this is spelt out?

 

[Barnei]

So what if you have a 200 sq meter building? What to do with the 50 sq metres left over? Same for a 400 etc? what to do with the left over 100 after the 2 x 150 units. Doesnt seem very well thought through this tbh,

 

[Cab-over Pete]

Any chance for a block of three 12ft x 12ft timber built stables on a concrete base measuring 38ft x 44ft ?

They are about 20 years old, top quality and in superb order.

They haven’t had a horse anywhere near them for over 10 years and have been used to house our sheep and associated equipment, purely farming, albeit on a hobby scale, in 13 acres of permanent pasture that we own.

They lie around 30 metres off a private, shared gravel driveway with access to the main road about 250 metres away.

They stand about 200 metres away from the walls of Kenilworth Castle ruins. We were told about five years ago that there may be a slim chance but the planning consultant thought it wasn’t really worth the gamble of spending the money trying. They are in an area which was, years ago, known as Castle Park, a term that I have only heard recently despite being involved with the land for over 30 years.

 

[Dman2]

So can you now raise the height of the roof ?

 

[David.]

Any chance for a block of three 12ft x 12ft timber built stables on a concrete base measuring 38ft x 44ft ?

They are about 20 years old, top quality and in superb order.

They haven’t had a horse anywhere near them for over 10 years and have been used to house our sheep and associated equipment, purely farming, albeit on a hobby scale, in 13 acres of permanent pasture that we own.

They lie around 30 metres off a private, shared gravel driveway with access to the main road about 250 metres away.

They stand about 200 metres away from the walls of Kenilworth Castle ruins. We were told about five years ago that there may be a slim chance but the planning consultant thought it wasn’t really worth the gamble of spending the money trying. They are in an area which was, years ago, known as Castle Park, a term that I have only heard recently despite being involved with the land for over 30 years.

Sounds like a lovely little retirement bungalow.
With the opportunity to sell ice-creams over the fence; and I bet customers wouldn't be too fussy about the fineness, or otherwise, of the sprinkles.

 

[George from SJM Planning]

So what if you have a 200 sq meter building? What to do with the 50 sq metres left over? Same for a 400 etc? what to do with the left over 100 after the 2 x 150 units. Doesnt seem very well thought through this tbh,

It is the same situation as before - if you had a 500sqm building what did you do with the remaining 35sqm - no building will be perfect to convert.

In your scenario the 200 one I would either convert to two 100's or one 150 and either demolished the other 50 or leave the roof and take the sides off and leave it as a covered parking area or patio. The floor area limit is the floor area converted to the dwelling it doesn't mean the rest of the structure doesn't remain as another use.

In a 400 you might do two 150s and take out the middle 100 to create detached dwellings or you might do two 150s and a 100.

 

[Barnei]

It is the same situation as before - if you had a 500sqm building what did you do with the remaining 35sqm - no building will be perfect to convert.

In your scenario the 200 one I would either convert to two 100's or one 150 and either demolished the other 50 or leave the roof and take the sides off and leave it as a covered parking area or patio. The floor area limit is the floor area converted to the dwelling it doesn't mean the rest of the structure doesn't remain as another use.

In a 400 you might do two 150s and take out the middle 100 to create detached dwellings or you might do two 150s and a 100.

Sure. but any building up to 485 was easy(er) to do ot make a house. Now any building up to 150. Thats quite a reduction in number of buildings. So although its a similar situation, the number of buildings to make a single decent sized house from (200m sq ish) is significatnly decreased. 150m2 is going to be a tight fit for a family of 5 or more.

But good point on just leaving the 50m2 open and making a covered patio or whatever. Or wait a year after completion and make it into a lean to conservatory/summer room - which in many cases you dont need PP for I beleive (I could be wrong)

 

[Nearly]

Turn 200m shed into 2 x 100m cottages. Then after 10 years you have full rights to make them both bigger.