1 Conversion of Agricultural Buildings to Dwelling House(s)
12.110 Schedule 2, Part 3, Class Q gives permitted rights for ‘development consisting of a change of use of a building and any land within its curtilage from use as an agricultural building to a use falling within Class C3 (dwelling house) of the Schedule to the Use Classes Order;143 and building operations reasonably necessary to convert the building…..to [that] use’.
The building must have been used solely for an agricultural use as part of an established agricultural unit on 20 March 2013 or when it was last in use. Or if brought into agricultural use after 20 March 2013 it must be so used for 10 years before the permitted rights accrue. The cumulative floor space of the building(s) changing use must not exceed 450 sq. metres, and the number of dwellings developed within an established agricultural unit cannot exceed 3.144 The permitted right does not apply if the site forms part of an SSSI, safety hazard area or military explosive storage area, or it contains a scheduled monument or is a listed building.145 In these cases an application for planning permission will be required. The permitted rights cannot be exercised if permitted development under Class A (a) or B (a) of Part 6 has taken place on the agricultural unit since 20 March 2013, or if development under Class Q is undertaken within the previous 10 years.146 This rule effectively allows the use on one occasion every 10 years of development rights under either Part 6 (agricultural development rights) or Part 3.12.111 There are conditions requiring the developer to seek the prior approval of the local planning authority as to transport and highways impacts of the proposed development, noise impacts, contamination and/or flooding risks or whether the location or siting of the buildings makes it impractical or undesirable for it to change use to a sate funded school or nursery.147 The developer must also seek local authority guidance on whether it will exercise its right to require its prior approval of the design or external appearance of the building. Development must commence within three years of prior approval being granted.148