Mrs A. Thompson –v- Scancrown Ltd, trading as Manors In a case that received widespread…
PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
New permitted development rights for agricultural buildings have now been introduced. Agricultural buildings can now be converted for residential use, or for use as a state-funded school or registered nursery, without the need for planning permission.
Whilst a formal planning application is not required prior approval from the local planning authority may be required in some cases. An application must be made to the local planning authority for a determination as to whether prior approval is required for the conversion in relation to transport/highways impacts, noise impacts, contamination risks, flooding risks, and the location, siting and (in the case of residential conversions) appearance of the building.
The permitted development rights for residential conversions also cover some of the building operations necessary to convert the building. The permitted development rights for conversion to a school or nursery do not include building operations so any associated works, which affect more than just the interior of the building, will require planning permission.
To be eligible for conversion under the new permitted development rights, the agricultural building must have been solely in agricultural use on 20 March 2013 (or, if it was not in use on that date, when it was last in use). If the building was brought into use after 20 March 2013 then it must be solely in agricultural use for ten years prior to any conversion. The building must also be on land that was occupied as a unit for the purposes of agriculture on or before 20 March 2013 or for ten years before the conversion takes place.
The new permitted development rights are aimed at finding a use for redundant agricultural buildings and are therefore not available if, since 20 March 2013 or within 10 years prior to the intended conversion (whichever is the more recent), a new agricultural building has been erected using permitted development rights, or an existing agricultural building has been extended/altered using permitted development rights on the same agricultural unit.
A cumulative maximum of 450 sq m within one agricultural unit can be converted for residential use using the permitted development rights, providing no more than three separate dwelling houses. The maximum that can be converted for a school or nursery is 500 sq m.
A warning note however as a local authority can implement article 4 directions restricting these rights and it will also be necessary to check for any planning conditions before commencing development