Monday 10 March 2014

Out of the blue... a rural planning policy

Last year, quite out of the blue, the government published a consultation document that has largely been ignored by the popular press but which may turn out to be one of the most fundamental reforms we have seen in rural planning policy in recent years.

Amongst other things, the government proposed that the conversion of up to 450 square metres of redundant farm buildings in to up to three houses of no more than 150 square metres each would be allowed under permitted development rules. Indeed it was further proposed that existing buildings could be demolished and a brand new house built on the same footprint.

Anyone who has been involved in trying to obtain planning consent to convert a redundant barn to a house or to build a new dwelling altogether in the countryside, will find the concept of such development being allowed through the permitted development regime, quite flabbergasting. Accordingly many observers had expected the proposals to be significantly modified.

Since the consultation ended last October, there had been deafening silence from government until last week when in response to parliamentary questions, Planning Minister Nick Boles reassured MPs that, “The Government is well aware of the arguments being put forward to exempt National Parks and Areas of Outstanding Natural Beauty from proposals to introduce permitted development rights for redundant agricultural buildings.” This raised speculation that in other areas outside these protected zones, that the Government may be minded to go ahead with the proposed changes.

And so when Nick Boles delivered a written statement to Parliament on 6th March it was not entirely a surprise when he wrote, “These reforms will make better use of redundant or under-used agricultural buildings, increasing rural housing without building on the countryside. Up to 450 square metres of agricultural buildings on a farm will be able to change to provide a maximum of 3 houses.”

He also went on to write, “We recognise the importance to the public of safeguarding environmentally protected areas, so this change of use will not apply in Article 1(5) land, for example national parks or areas of outstanding natural beauty. However, we expect national parks and other local planning authorities to take a positive and proactive approach to sustainable development, balancing the protection of the landscape with the social and economic wellbeing of the area”.

Nick Boles also explained that a “prior approval” process will be required where issues such as highways matters and flood risk will be taken in to account. There may also be other requirements or consequences of taking advantage of these new rules and so we await the detailed rules with interest which should be published by early April when the new regime is due to come in to force.

Possible requirements which were muted in the consultation document were that other permitted development rights would be withdrawn for a period of years thereby making it more difficult to erect a farm building elsewhere on a holding that has taken advantage of the new rules.

Not withstanding this, these new rule changes will present a significant opportunity for many farm businesses and if anyone would like further advice on the matter please do not hesitate to contact James Stephen on 01749 683381.



James Stephen MRICS FAAV
Partner
Rural Practice Chartered Surveyor, Wells

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

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