Conversion Of Agricultural Buildings To Houses And Commercial Premises Via Class Q And Class R

Did you know that planning law allows you to convert certain agricultural buildings into houses and commercial premises without the need for planning permission?

Local planning authorities often show little enthusiasm for the conversion of rural buildings, so the Government has set up a legal loophole to encourage their reuse.

The legislation responsible is the Town and Country Planning (General Permitted Development) Order 2015, known to planners as the GPDO. This exempts a whole raft of development classes from the formal planning process. Some of these relate to built development – mostly extensions – while others relate to changes of use.

The two that concern us here are Class Q, which permits the conversion of agricultural buildings to houses, and Class R, which permits the conversion of the same to various types of commercial building, including shops, offices, gyms, cafes, hotels and storage facilities.

In either case, an application to the local planning authority (known as prior approval) will be needed but the volume of supporting information required is much lower than for a planning application. The authority must make its decision within 56 days.

Class Q – What You Need To Know

Class Q covers both the change of use of a building and the works required to convert it. It is limited to buildings which are structurally sound and capable of conversion with minimal rebuilding, so substantial changes cannot be proposed to the outward appearance if this route is chosen. New windows may be inserted for example to create habitable rooms within the building, but the outward appearance must remain agricultural. The building does not have to be of traditional timber or stone construction, but some planning authorities dislike the conversion of modern farm buildings and will resist applications where they can.

There are a number of rules that must be adhered to. These are set out below:

• The building must have been in agricultural use for at least ten years on the date the application is made. If it has been out of use for more than ten years, the last use it had must have been agricultural.

• If an agricultural tenancy is terminated within one year of the application date, the former tenant must confirm in writing that the building is no longer needed for agriculture. This is to stop landowners evicting farmers specifically to make way for barn conversions.

• The building must have outer walls around more than half its footprint. Any remaining gaps may be enclosed as part of the conversion process.

• The site must be readily accessible – a barn on a steep hillside with only a 4×4 track leading to it cannot be converted.

• Nothing may be built (even chimneys and windowsills) that projects beyond the original envelope of the building. This applies to both the upward extent of the building and its footprint.

• The maximum number of dwellings that can be created from a single agricultural building is five. Only three of these may be large dwellings (larger than 100m²).

• The combined floorspace of the large dwellings may not exceed 465m². A single large dwelling up to this size may be created or the floorspace split between two or three properties. You may then add further small dwellings to bring the total number of properties up to five.

• So, the maximum floorspace you can provide through a Class Q conversion is 865m²: one very large house of 465m² plus four of 100m². (We have yet to see a scheme where anybody has done this).

• If you wish to create large dwellings, the existing floor area of the building cannot exceed 465m². The floorspace of the new dwellings, however, can include upper floors and gallery levels, so you may add floorspace this way to take you to the 865m² total.

• A frame may be put in to support an upper floor, but the outer walls and roof of the building must be able to support themselves.

• The roof may be replaced and new windows and doors installed to make the building habitable, and part of the building may be demolished in order to make the conversion possible.

• Class Q is not allowed if the building is:

– A listed building or scheduled monument.

– In a conservation area or in the curtilage of a listed building.

– In a national park, area of outstanding national beauty or area of special scientific interest.

• In some situations, agricultural buildings themselves may be built using permitted development rights. Class Q may not be used where the existing building was put up under prior approval (Class A or Class B of Schedule Two of the GPDO) within the last ten years. Likewise, if the building has been extended under Class A or Class B within the last ten years, Class Q cannot be used.

By law for Class Q, supporting information does not need to be provided beyond floorplans, elevations and a site location plan. However, the planning authority does have the power to refuse prior approval applications on the grounds of highway and noise impacts, flood risk, contamination risk, inadequate drainage or ecological impact (particularly bats). If asked to provide information on any of these, it would be advised to do so.

The planning authority may also challenge any assumption that the building is structurally sound and capable of conversion. If they do, a structural survey may be needed to prove the case.

As stated above, the planning authority has 56 days to determine an application for prior approval. If it does not respond within this timeframe, you have deemed consent to start work. If the authority refuses the application within the 56 days allowed, you have the right of appeal to the Secretary of State (as you would for a regular planning application). If the authority refuses the application more than 56 days after submission without first agreeing an extension of time, its decision is not binding, and you have deemed consent.

Be careful though – deemed consent can only be benefitted from if the conversion abides by the rules above. If you apply for prior approval for a scheme which does not meet these rules, the planning authority can take enforcement action against you (which may result in you having to undo any alterations you have made). It’s best to check with a planning consultant before making any changes on the ground.

With so many rules and seemingly so many catches, you may wonder whether it is worth taking this route at all. The answer depends where you are. Certain authorities are fairly relaxed about converting old buildings in the countryside; others most certainly are not. If the authority that covers your area is in the latter camp, Class Q can make the impossible possible.

Class R – What You Need To Know

This class allows conversion of an agricultural building into almost any type of commercial premises. Worth noting is that any building converted under Class R acquires a sui generis use, regardless of the end use (sui generis is planning speak for a use that does not fit into a class specified in the Town and Country Planning (Use Classes) (Amendment) Regulations 2020).

This is a departure from the regular planning process. For example, if planning permission was granted to convert a barn to a shop, the building would have a Class E use. If converted to a warehouse, it would have a Class B8 use. With Class R, it would have a sui generis use in both cases. This makes no difference to how the building may be used after its initial conversion, but it will make a difference should you wish to change the use again in future.

The rules governing what may or may not be done are broadly similar to Class Q but with a few notable differences:

• As with Class Q, the building must have been in agricultural use for at least ten years on the date the application is made. If it has been out of use for more than ten years, the last use it had must have been agricultural.

• The building does not need to be redundant, so the agreement of any former tenants is not required.

• The floorspace of the existing building cannot be greater than 500m².

• The outward appearance or structure of the building may not be altered. Class R covers the change of use only. If you wish to alter the outward appearance or structure, you must submit a separate planning application for this.

• Class R is not allowed if the building is listed, is a scheduled monument or stands in the curtilage of a listed building. The building may, however, be in a conservation area, national park, area of outstanding national beauty or area of special scientific interest.

If the existing building is under 150m², prior approval is not required. The planning authority only need to be notified of the new use and the date it will take effect. The notification should be accompanied by a site plan showing which buildings are to change use. As soon as this is done, the new use may be started.

For buildings between 150m² and 500m², an application for prior approval must be submitted in the same way as for Class Q. The only grounds on which the planning authority may refuse approval are highway impact, noise impact, contamination risk and flood risk.

The planning authority has 56 days to determine an application for prior approval. If it does not respond within this timeframe, you have deemed consent to start work. If the authority refuses the application, you have the right of appeal to the Secretary of State (as you would for a regular planning application). If the authority refuses the application more than 56 days after submission without first agreeing an extension of time, its decision is not binding and you have deemed consent.

The same note of caution applies as with Class Q – deemed consent can only be benefitted from if the conversion abides by the rules above. If prior approval is applied for, for a scheme which does not meet the rules, the planning authority can take enforcement action. Once again, it is best to check with a planning consultant first.

So, if you wish to start using a barn for some other commercial use, this is an effective way of making the change, particularly if the building is under 150m². Just remember planning permission is still needed for any outward physical changes.

Berrys has a wealth of experience in this field, so please do come to us if you are considering either route. We can handle the prior approval application, provide the drawings even design the drainage and access roads. If all you need is a bit of advice, we can provide that too!