Monday 18 November 2013

New permitted development rights

Hot on the heals of the new permitted development rights which came in to force earlier this year the Department of Communities and Local Government have consulted on further proposed changes to the permitted development rights which could have a significant impact in the rural sector.

Before considering the changes that have been introduced and also those on which the government are consulting it is probably worth going back to basics to explain what permitted development rights are. As most people will be aware if you want to build a house or new office for example one would normally require planning consent and in the countryside in particular, carrying out such developments has often been difficult.

However, there are certain types of development that do not require planning consent such as minor extensions to houses or certain changes of use and these types of development are carefully defined and set out in “General Permitted Development Order” (GPDO). The right to carry out certain types of development under the GPDO are called “Permitted Development Rights” and it is the recent changes to these rights which may be of interest to farmers and other property owners.

The key changes which have already come in to force on 30th May this year which may impact on farmers in particular include:

• The permitted change of use from agricultural use to a whole variety of commercial uses including offices, shops, financial and professional services, restaurants, business and storage.

These new rules are not applicable to recently built farm buildings (first brought into use after 3rd July 2012 or later), buildings which have not been solely in agricultural use, Listed Buildings or where the change of use exceeds 500 sqm. There are also a number of conditions which apply, perhaps the most important of which is that if the area involved exceeds 150sqm the farmer will need to gain “prior approval” from the Local Planning Authority before enacting the change of use and the LPA have the right to refuse the application.


• The permitted change of use from offices to dwelling houses.

Again there are a number of conditions which apply. For example the building must be in office use immediately before 30th May 2013 (or last used as an office) and must be brought in to use as a house before 30th May 2016. Such change of use is also not applicable to listed buildings. For all such changes, “prior approval” from the Local Planning Authority will be required which can lead to a refusal of the application.


However, in addition to these two significant new rules the government are consulting on a number of additional potential permitted development rights including the change of use of existing buildings used for agricultural purposes of up to 150 sqm to change to residential use with up to three additional dwellings potentially allowable on farms.

It remains to be seen whether such a fundamental change will be allowed but what does seem certain is that at a government level, even if this may be resisted at the Local Planning Authority level, there is an increasing willingness to contemplate some forms of development even in the countryside which will present opportunities for some farmers and landowners.


James Stephen MRICS FAAV
Partner
Rural Practice Chartered Surveyor, Wells

T: 01749 683381
E: james.stephen@carterjonas.co.uk

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