Introduction
In this blog post we discuss the recent amendments which have come into force to permitted development rights for agricultural development. These amendments provide important flexibility to farmers and other agricultural developers to deliver this type of development
What are the amendments?
Permitted development rights provide the freedom for properties to be developed without the need to apply to a local planning authority for planning permission
From 21 May 2024, The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 (the Order) has amended the permitted development rights available to farmers and other agricultural developers under Class Q (buildings on agricultural units and former agricultural buildings to dwellinghouses) and Class R (agricultural buildings to a flexible commercial use) of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015. These rights have been extended to provide greater freedoms to diversify and convert agricultural buildings to commercial uses, as well as up to 10 homes, without the need for planning permission
The amendments achieve the following:
(1) Double the amount of floorspace in existing agricultural buildings that can change from agricultural to ‘flexible commercial use’ from 500 square metres to 1,000 square metres. The meaning of ‘flexible commercial use’ is also expanded to include the following new uses:
- the processing of raw goods produced on the site and which are to be sold on the site (excluding livestock)
- the provision of agricultural training
- outdoor sports, recreation and fitness uses within the curtilage of an agricultural building
(2) Increase the size of new buildings or extensions that can be built on farms over 5 hectares from 1,000 square metres to 1,500 square metres. For smaller farms the changes increase the size of such development from 1,000 square metres to 1,250 square metres
(3) Double the number of homes that can be delivered through the conversion of existing agricultural buildings from 5 to 10
With these amendments the Government aims to cut red tape and streamline the planning system for farmers, as well as support the wider rural economy
The full Order can be accessed at the following link: https://www.legislation.gov.uk/uksi/2024/579/made
Our comments
For as long as we can remember planning restrictions on agricultural development have always been overly strict and we consider that these amendments to permitted development rights brought in by the Government go some way to improving this situation by providing greater flexibility to deliver agricultural development
Popular television programs such as Clarkson’s Farm (which admittedly we are a fan of!) have clearly shone a spotlight recently on the difficulties faced by farmers under the planning system and we fully support any reforms which make it easier for farmers to utilise their properties (particularly unused agricultural buildings) providing greater economic benefits to them and the wider economy as well as much needed housing, but still in a manner which respects and preserves the unique nature of the countryside where these properties are located
Note: all comments and views expressed in this blog are merely opinions and provided for information purposes only and do not constitute legal advice which can be relied upon. Should you require legal advice on a matter then please contact us
