2 Conversion of Agricultural Buildings to School or Nursery Use
12.112 Schedule 2, Part 3, Class S 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 use as a state funded school or registered nursery’.
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. There are restrictions on the permitted rights and their exercise. So, for example, the rights do not apply if the floor space within the existing buildings and land within the curtilage of the buildings exceeds 500 square metres. Neither do they apply if the building is within an SSSI, is a scheduled monument or listed building. Where land is subject to an agricultural tenancy, the rights do not apply if less than 1 year before the development begins the tenancy was terminated for non-agricultural development under class S, unless both landlord and tenant have agreed in writing that the building (s) are not required for agricultural use. This restriction is intended to stop speculative termination of existing tenancies to facilitate the use of the new GDO rights. Similarly, Class S rights cannot be used where land is occupied under a current agricultural tenancy without the express written consent of the tenant.149 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 S is undertaken within the previous 10 years.150 This is the same rule as applies under Class Q (above) and it effectively allows the use on one occasion every 10 years of development rights under either Part 6 (agricultural development rights) or Part 3.12.113 The rights are subject to conditions requiring the developer to apply to the local panning authority for a determination whether their prior approval will be required 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.151 Development must commence within three years of prior approval being granted.152