Rural Permitted Development Changes

A guide for landowners May 2013

Lee Scott BA (Hons) DipTP MRTPIHead of Officet 01798 345971e lee.scott@smithsgore.co.uk

Sarah Hufford BA (Hons) PGDipUP MRTPIConsultant t 01798 345995 e sarah.hufford@smithsgore.co.uk

Ben Wood BSc (Hons) MScPlannert 01798 345918e ben.wood@smithsgore.co.uk

On 30th May 2013 new provisions relating to permitted development rights come into force via the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013. The broad intention is to widen existing permitted development rights to help boost the economy. Permitted development rights are, however, complex - they can be removed by a direction issued by the local planning authority or by a condition of a planning permission. They are also disapplied in relation to certain types of land. Of key relevance to our clients will be changes to agricultural rights.

In addition to agriculture, the changes also affect domestic extensions, new schools, temporary uses and changes of use of office buildings.

Permitted Changes to Agricultural Buildings

To assist the rural economy, changes of use of buildings (but not dwelling houses) and land within the curtilage of those buildings from agriculture to a flexible use within classes A1 (retail), A2 (financial services), A3 (food & drink), B1 (business), B8 (storage & distribution), C1 (hotels) or D2 (assembly & leisure) will not require planning permission. Note, no change to residential use is available under these amendments.

This permitted development right will not apply if the building has not been solely in agricultural use since 3 July 2012. If the building is first brought into use after 3 July 2012, then no change of use under these provisions will be permitted for 10 years. The cumulative floorspace subject to such changes of use must not exceed 500m2 (5,380 ft²) within an “original agricultural unit” - defined as land occupied as a unit for the purposes of agriculture on 3 July 2012. Listed buildings and scheduled monuments are excluded.

Subsequent changes of use within the flexible range of uses identified above also have the benefit of planning permission under the new provisions. However, after a site has changed use away from agricultural use, a further planning permission would be required for any change of use outside the flexible range of uses identified above.

The local planning authority must be notified of any changes of use where the cumulative floorspace affected within an original agricultural unit does not exceed 150 m2 (i.e. less than 1,615 ft²) . The notice should include the nature of the new uses and date of change of use. If the cumulative floorspace affected exceeds 150 m2, the prior approval of the local planning authority will be required as to transport and highway impacts, noise impacts and contamination and flood risk. The authority may have to undertake consultation with specified statutory bodies, will advertise the application locally and may seek further information from the landowner/developer as to the impact or risk. Applicants should consider preparing such information to submit with the application. The change cannot take place until the authority has confirmed that no prior approval is required, prior approval is given or 56 days have expired without the authority giving notice that prior approval is given or refused.

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Offices to Residential

Many rural estates and farms already contain buildings with office uses and a change of use from class B1(a) offices to class C3 residential will not now require planning permission as a general rule, although a prior approval mechanism will apply. However, the Government has exempted certain geographical areas from the provisions. To establish whether your property benefits from the new rights, you should consult maps available on the Government’s website:

https://www.gov.uk/government/publications/areas-exempt-from-office-to-residential-change-of-use-permitted-development-right-2013

In London, specified central business areas are exempt. Outside London, areas within the Vale of the White Horse, Manchester City Centre, Stevenage, Sevenoaks, Ashford and East Hampshire are also exempt.

There are other exclusions. Buildings not used for class B1(a) offices purposes immediately before 30 May 2013 or when last in use will be exempt, as are listed buildings, scheduled monuments or properties within safety hazard or military explosive storage areas.

Produced in association with Claire Fallows of Speechly Bircham LLP, May 2013.

“These changes should make it easier for land and property owners to put existing buildings to good use - and that aim is to be applauded. The prior approval procedures will however take a bit of navigating and there will undoubtedly be some teething problems while they bed in. It also remains to be seen how they will be put into practice by local authorities in rural areas - where there may be more concern over highways or landscape impact compared with urban locations.” Lee Scott

Petworth office t 01798 345980 Exchange House Petworth West Sussex GU28 0BF

Maidstone office t 01732 87905023 Kings Hill Avenue Kings Hill West Malling Kent ME19 4UA

Winchester office t 01962 857400Eastgate House Eastgate Street Winchester Hampshire SO23 8DZ

Oxford office t 01865 733300The Old Barn, Worton Park Cassington Oxon OX29 4SX