How changes to permitted development may benefit farmers

The government is exploring a raft of changes that planning experts say could be very positive for farmers and the wider rural economy.

Permitted development rights (PDRs) are designed to make it easier and cheaper for changes to be made to buildings.

They are based on a national grant of planning permission, meaning that the property owner is not required to apply for full planning permission from their local authority.

See also: Expert Q&A: Land development decisions and planning pitfalls

However, the rights are subject to strict conditions and some PDRs can only be used once the developer has obtained prior approval from their local council.

A number of significant amendments to PDRs have been rolled out over the past three years.

For example, a new Class E use was introduced in September 2020 to give people greater flexibility to switch between a wide range of commercial and business uses. 

More recently, the Department for Levelling Up Housing and Communities (DLUHC) announced a new Class BC permitted development right covering the temporary use of land as a recreational campsite for up to 60 days in a calendar year.

There is also an extension to the length of time land and buildings can now be used for temporary film-making purposes.

In July 2023, another consultation paper was published by DLUHC on “additional flexibilities” to support the agricultural sector and housing delivery.

This consultation closes on 25 September 2023. Key proposals of relevance to farmers include:

Class Q

Class Q is the PDR that allows agricultural buildings to be converted to residential use after going through the prior approval process.

The government has proposed revising the size limits, number and type of homes that can be delivered through Class Q, to increase the availability of homes in rural areas.

The consultation suggests increasing the number of homes that can be delivered on an agricultural unit from five to 10, with a single maximum floorspace limit of either 100 or 150sq m.

Currently, the overall maximum amount of floor space that can change use is 865sq m, but the proposal is to increase this to 1,000sq m.

In addition, the consultation suggests introducing an amendment that would allow a 4m, single-storey rear extension to be added to buildings being converted under Class Q.

Any extension would need to be on land that has previously been developed, such as a farmyard, and the floorspace created would count towards the overall total floorspace that can change use.

The government is also proposing to amend Class Q rights to former agricultural buildings that are no longer on established agricultural units – for example, a barn located just outside of a village that is no longer part of a working farm.

Abel Bunu, principal planner with land agent Robinson & Hall, says the proposals are welcome, as Class Q has been helpful in opening the door on projects in the open countryside for which councils would not normally grant planning permission.

There is a potential risk that when the actual legislation is published, it will come with a raft of “ifs and buts” that may make it difficult to take advantage of the full flexibility being proposed.

“But overall, this is a very good step forward by the government and I think anything that offers greater flexibility in the planning system should be applauded,” says Abel.

In fact, it is important that farmers respond to the consultation to make it clear to the government why the changes are needed, he adds.

“I think the proposals will go through if we have enough farmers responding and offering their reasons as to why it is a good idea.”

Class R

Class R allows for agricultural buildings to switch to a range of commercial uses, subject to prior approval being granted by the council.

This includes flexible use as storage, distribution and hotels, as well as commercial, business and service uses, such as shops and offices.

The government has proposed expanding the type of buildings that can benefit from the right to create more opportunities for rural diversification.

For example, it may allow a building currently used for forestry, equestrian or another predominantly rural use to diversify into a flexible commercial use.

A number of conditions would need to be met, such as the buildings needing to be in their respective uses before 24 July 2023, with buildings erected after this date needing to have been in their respective uses for 10 years prior to benefiting from the right.

In addition, the government has suggested there should be greater flexibility in what a building converted under Class R can be used for.

It has proposed the right be amended to allow for buildings and land within its curtilage to be used for outdoor sports, recreation or fitness.

In addition, it would allow buildings to change use to general industrial, for the processing of raw goods produced and sold on site.

This would help to support the development of farm shops where locally grown produce is processed before sale.

Guy French, director and farm planning consultant with Foxes Rural, says the proposed changes to Class R would be really positive and should allow more buildings to be used for diversification purposes.

At present, most farm diversification projects tend to require full planning permission, which is a costly, slow and intrusive process.

Farmers can easily end up spending £20,000 on survey work to support a planning application and the prospect of this halts about 50% of projects before they even start.

“I’m very optimistic about what the government has released, but it could go further on the diversification side of things,” he says.

Farmers are being told they need to diversify – as part of a strategy to spread risk and generate new revenue streams – but may not have an existing building that is suitable for a change of use.

“We believe there should be some form of new PDR for new diversification buildings, or a presumption under the current legislation to enable agricultural buildings which may not have been built for very long [less than 10 years] to be put to dual use.”

Class H

Under Class H, owners of industrial buildings and warehouses can currently extend the threshold of their buildings by up to 1,000sq m, or by 50%, whichever is less, to increase the space available to let.

Guy says there is no reason why farmers who already use their buildings for commercial lets cannot exercise the same rights to grow their square footage,

“In the farming industry, the 50% figure is most likely going to be applicable.

“There are conditions relating to height, boundaries, style and location and no change of use can come to light.

“But for most businesses, these elements will not prohibit some degree of growth – physically and then financially.”

Agricultural development

To support farmers with their core businesses, it is proposed that the size limit for new agricultural buildings erected through Class A agricultural permitted development rights is increased from 1,000 to 1,500sq m.

“This would take some structures out of the planning application process, giving farmers greater flexibility to help them to respond to the challenges facing the agricultural sector and erect buildings that are more in line with modern agricultural practices,” says the consultation.

Prior approval would still be required as to the siting, design and external appearance of the building.