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Class Q permitted development explained

— 30 Apr 2024


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Barn conversions, whether of traditional or modern agricultural buildings, are still a great way to achieve a new dwelling in the countryside – utilising unusual spaces in fantastic rural settings.

Generally, it can be difficult to achieve planning permission for a new build dwelling in the countryside. However, Class Q permitted development legislation (which came into effect from 2014) sets out the criteria for the change of buildings and curtilage land from agricultural use to dwellings under permitted development.

What are the current rules?
Updated to include changes to legislation from May 2024

The criteria for meeting Class Q permitted development are:

  • The building is not listed or in the curtilage of a listed building
  • Not within a AONB / National Park / Conservation Areas / SSSI or other sensitive sites
  • Any building that is or was in agricultural use prior to 24th July 2023 and hasn’t been used for other purposes since.
  • Any building erected (or becoming part of an agricultural unit) since 24th July 2023 to exist for 10 years prior to application.
  • If under an agricultural tenancy, by agreement of landlord and tenant and not within 1 year of terminating a tenancy
  • The building to have existing access to a public highway
  • Structurally sound – can add floor, internal walls, and structural reinforcement, but not rebuild beyond what is reasonably necessary for the function of a dwelling house. These may extend up to 0.2m from the existing building
  • Allows for:
    - up to 10 homes
    - with a maximum of 1000m2 total development
    - each home no larger than 150m2
  • Extensions allowed to the rear of the existing building under the following conditions:
    - must be on hard standing associated with the building which was in place prior to 24th July 2023
    - no taller than 4m and no higher than the eaves of the existing building
    - not wider than the existing building
  • Development to meet national space standards
  • Agricultural character should be retained whilst installing / replacing windows, doors, roofs, services
  • Still needs to meet planning requirements of ecology / highways / noise / flood risk / contamination etc
  • The Class Q process removes permitted development rights – extensions to barn, additional tracks etc. – elsewhere on site

[Ref: The Town and Country Planning (General Permitted Development) (England) Order 2015

 

The Fallback Position

In some cases, where Class Q would be approved but the resulting dwelling wouldn’t take full advantage of the site’s opportunities or the clients’ aspirations, there is the possibility of using the fallback position.

The fallback position allows for submitting a full planning application on a site with Class Q approval on the basis that the permitted development approves the principal of development and a proposed replacement has significant architectural / planning merits.

This can allow for a dwelling that is more sustainable, has less visual impact, or better meets the requirements of a dwelling, and is deemed a ‘betterment’ over the Class Q.

The fallback building will need to ‘relate’ to the existing Class Q permission,  to be on the footprint of the Class Q building or very close to the location and replace the Class Q building,  not built in addition to it.

As the fallback application replaces the Class Q permitted development as a full planning permission it could also reinstate the agricultural development rights elsewhere on the site.

 

Modern or Traditional

Class Q permitted development rights apply to both modern and traditional buildings.

This means a modern steel framed agricultural shed is as likely to gain permitted development approval as a traditional stone threshing barn. Both types of building offer the opportunity for development, and considered design can create beautiful, functional, and sustainable family homes.

We will explore design opportunities and solutions for Class Q or other barn conversions in future blogs, as well as delving into the detail of the fallback position.

If you have a project and are unsure of what planning approach to take, please do give us a call to discuss options.

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