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

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