All things to all men

When the new regulations for permitted development rights to convert agricultural buildings to residential use were introduced on 6th April last year, the hope was that this would allow farmers to convert old farm buildings to generate much needed additional income or a capital asset to sell. At the same time it was hoped that this would also help alleviate the shortage of residential accommodation in the countryside.

However, the reality has been very different because the regulations are open to wide interpretation. They state that the local planning authority can consider “whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use…” to residential use. What does that mean I may hear you ask? Well the answer appears to be “all things to all men”.

As a consequence, some local authorities have been very relaxed while according to the Country Land and Business Association (CLA) nearly 60 local authorities have refused all applications.

In the Mendip area, anecdotal evidence appears to indicate that many of the early applications were permitted but as time has gone on, the planning authority has become more confident in turning down applications. Common reasons for refusal are that the building is in an “undesirable” or “impractical” area or the conversion is considered to be “unsustainable”.

Fenella Collins, head of planning at the CLA has commented that, “There is real frustration and there needs to be greater guidance to reduce misinterpretation”.

I suspect frustration is also felt by local authorities who are having to balance what on the face of it are contradictory policies coming out of national government, which on the one hand discourages new development in isolated areas and then on the other appears to be encouraging exactly the opposite.

Therefore government needs to clarify what they are wanting to achieve and in so doing provide clearer guidance on what may be considered to be “undesirable” or “impractical” or indeed what may be considered “sustainable” in the context of farm buildings, which by their very nature are often found in the countryside.

For example government may consider giving consent for conversion of an isolated building down a long farm track to be “undesirable”, whereas the conversion a building or group of buildings that may in themselves be close to existing residential property or near a bus route or village may be considered desirable.

These are only a few of my thoughts but if government were to provide some more explicit guidance on the subject I think this would assist farmers and local authorities alike so as to avoid the “post code lottery” that currently exists.  

James Stephen MRICS FAAV
Partner
Rural Practice Chartered Surveyor, Wells
T: 01749 683381
E: james.stephen@carterjonas.co.uk