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On 6 April 2014 new planning rules
come into force which will allow developers to make certain changes of use
without the need to jump through the hoops of obtaining full planning permission.
Under the new rules, impressively named the Town and County Planning (General
Permitted Development) (Amendment and Consequential Provisions) (England) Order
2014, a “fast-track” system is introduced making it quicker and cheaper to
develop in these areas.
Which changes of use will be affected?
The changes of use which will benefit from this new, relaxed
system are known as “permitted developments” and will include:
· allowing agricultural
buildings to become schools or nurseries;
· allowing agricultural
buildings to be used for residential purposes;
· allowing a shop to
become a bank, building society or credit union;
· allowing a shop or
building used for provision of financial or professional support to become used
for residential purposes.
From the list it is
clear that the rules focus on the conversion of agricultural and commercial
buildings into residential dwellings and supporting facilities, no doubt to help
meet the ever increasing demand for housing and boost economic growth in rural
areas. As such, the rules offer farmers and owners of commercial premises the
opportunity to diversify and change the use of buildings which may not at
present be providing much, if any, return.
How does the new system work?
If the change of use is
a permitted development the developer does not need to go through the rigmarole
of obtaining full planning permission from the local planning authority because
it cannot, as a matter of principle, object to the change of use. That said, an
application will still need to be made to the planning authority before any works
start. The planning authority will then consider factors such as transport
links, noise pollution and, in some cases, the design and external appearance
of the building before giving approval for the works to commence.
It is hoped these new
rules will create a quicker and cheaper process for developers. However, as a word
of caution, planning authorities will still have the opportunity to attach
conditions to approvals (as with planning permissions) which will, of course,
need to be adhered to.
Are there any restrictions or limits?
Whilst the new rules lessen the
burden on developers by disposing of the need to obtain full planning
permission, each permitted change of use does come with its own conditions, limitations
and restrictions. These are set out in the rules and can be extensive.
For example, in order for an
agricultural building to be changed into a residential property the following
conditions must be met:
- the building must be situated on an established agricultural holding with floor space of no more than 450 square metres;
- it needs to have been used solely for agricultural purposes either
on 20 March 2013 or, if it was not in use at that date, when it was last
in use;
- no extension or alterations have been made to the building since 20
March 2013 or within ten years before the date of development, whichever
is less. In other words, you cannot
erect or extend a building and then just convert it to residential use
unless it has been used as an agricultural building for ten years;
- the
works must be within the external dimensions of the original building;
- whilst
fairly substantive works may be allowed, demolition and replacement will
not be approved. The interpretation of this section will be essential and
dependent on each local planning authority’s approach;
- there
can be no more than three dwellings per development;
- the
building is not listed.
(Please note this list
is not exhaustive)
A free rein for development in rural areas?
The new rules are not a
free rein for developers as there are still conditions to be met, restrictions
to be adhered to and approval to be gained. That said, we anticipate they will
provide a useful tool to those who have attempted development in the past,
either being put off or scuppered by planning permission rejections, or wish to
explore opportunities to diversify in the future.
If you would like to discuss
these issues further then please call Claire Trolove on 01733 898959 or
send her an email.
