3 Conversion of Agricultural Buildings to Flexible Commercial Use
12.114 Schedule 2, Part 3, Class R give permitted development rights to convert existing agricultural buildings to several ‘flexible’ commercial uses. Class R authorises development that consists of a change of use of a building and any land within its curtilage from use as an agricultural building to a ‘flexible use’ falling within the following Classes in the Schedule to the Use Classes Order:153 Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class B1 (business), Class B8 (storage or distribution), Class C1 (hotels) or Class D2 (assembly and leisure).
The building must have been used solely for an agricultural use as part of an established agricultural unit on 3 July 2012 or when it was last in use. Or if brought into agricultural use after 3 July 2012 it must be so used for 10 years before the permitted rights accrue. The cumulative floor space of the building(s) changing use under Class R must not exceed 500 sq. metres (Class R.1.(a),(b)). Where the use of a building has changed using the Class R rights, its use may subsequently change to another Use Class allowed by the Class R development right eg a farm building converted to a farm shop may subsequently be reconverted to use as a cafe as part of a farm diversification. The intention is to permit flexible change of use between the use classes covered by the permitted development rights (Class R.2). The rights do not apply if the building is a listed building or scheduled monument.12.115 There are conditions attached to the Class R rights. The change of use must be notified to the local planning authority: but the detail to be given will depend upon the size of the area subject to the change of use. If the cumulative floor space of the building that is subject to the change of use is less than 150 Sq. Metres the developer must simply notify the local authority of the date the change to flexible uses is to take place, and provide a plan and details of the nature of the proposed use(s). If the cumulative floor space of buildings on an agricultural unit that have changed use under Class R exceeds 150 Sq. Metres then the developer must apply for a determination from the local authority whether they will require prior approval as to transport impacts, noise impacts, contamination and flood risk on the site (Class R.3). Development must begin within 3 years of the prior approval; and if planning permission is given for operation development associated with the change of use, the change of use under Class R must take place within 3 years of the grant of planning permission.154