“Many farmers will be aware that the size limit that applies to the construction of agricultural buildings under permitted development (PD) rights on farms of 5 hectares or more has recently increased from 465 square metres to 1,000 square metres. That is a welcome change but, before deciding whether to make use of this extended PD right, farmers and their advisers should be aware of the frequently overlooked interaction between agricultural PD rights and the Class Q PD right that allows the residential change of use of qualifying agricultural buildings”, says Brian Dinnis of Acorn Rural Property Consultants.
“Under Part 6 of Schedule 2 of the new Permitted Development Order, Class A(a) allows the erection, extension or alteration of an agricultural building on farms of 5 hectares or more in area. Class A(a) is subject to a prior notification procedure. The Class B(a) agricultural PD right allows the extension or alteration of an agricultural buildings on units less than 5 hectares, but not less than 0.4 hectares. Class B(a) is not subject to a prior notification procedure.
Using the agricultural rights provides a quicker and more cost-effective way of obtaining planning consent and, for that reason, it is often the preferred route for farmers, building suppliers and fabricators and their advisers. It is, however, very important to be aware that the Class Q right is subject to a condition that prevents its use for a period of 10 years from any work carried out since 20 March 2013 under the Class A(a) or Class B(a) agricultural PD rights on the same agricultural unit”, explains Dinnis.
“The interaction between the Class Q PD right and the agricultural PD rights is extremely important and should not be overlooked. Farmers who are considering putting up new or altering or extending existing agricultural buildings should review their options for making use of the Class Q PD rights first and then make a full planning application for their agricultural building works”, advises Dinnis. “Farmers who believe that they may already have lost their Class Q rights as a result of carrying out agricultural building works should seek professional advice on whether that is in fact the case or whether any arguments exist that would assist them with their proposals”, concludes Dinnis.
For advice on rural planning matters please contact Brian Dinnis at Acorn Rural Property Consultants on 01884 214052 or at briandinnis@acornrpc.co.uk.
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