JOIN THE 'Q'
DOMESTIC BARN CONVERSIONS FOR ALL
WELL... SORT OF!

As part of its ambition to increase housing supply across the country, the Government has eased permitted development rights to allow certain agricultural buildings (modern sheds and traditional barns alike) to be converted to houses - through "Class Q" of the General Permitted Development Order.

This interesting and enticing 'right' enables land owners (farmers specifically) to convert certain qualifying buildings to residential uses without having to apply for 'planning permission' per se.

However, before converting the barn under Class Q, a 'prior approval' notification has to be submitted to the Local Planning Authority.  This notification deals with specific aspects of the conversion - such as external appearance, materials, method of conversion, flood risk (and more).

Great News! Easily achieved houses for everyone... Or so we thought...

In their infinite wisdom, the government then issued revised guidance for the implementation of Class Q and the processes enabling works to commence... For some reason Councils had started 'refusing' numerous applications on a variety of grounds (despite central government trying to enable positive and proactive delivery) as such the blanket approach being adopted by planning departments was contrary to what the Government had set out to allow (as a right) in the first place. Council refusals included various reasons, including the 'sustainability of location' and whether or not the conversion was a desirable use in its own right...

Under the GPD(E)O, prior approval may be 'refused' if the location of the building is “impractical or undesirable”. As such, councils began refusing development on the ground of unsustainable location and remoteness... and so someone needed to do something about it...

The guidance now makes it clear that the 'location test' should only be used very specifically (to prevent, for example, new dwellings in situations without access or close to potentially harmful activities) - it is not a test for determining whether a barn is in a sustainable location or not.

This clarification was of course welcomed by us, our colleagues and our clients - it seemed to be a clear step in the right direction for increasing rural housing supply (and releasing cash / assets for our farming clients!).

Regrettably, the new guidance also included a (hugely misguided and frankly incomprehensible) paragraph concerning the the amount of work that is permitted (already quite clearly) under the terms of Class Q.  As such the guidance now states that the Class Q rights do not allow “the construction of new structural elements for the building”.

Frustratingly it is not clear what is intended by the phrase “structural elements” (despite our seeking immediate clarification on the term form the Government) - the guidance note tries to clarify the intention by stating that the existing structure must be “strong enough to take the loading which comes with the external works to provide for residential use” (the actual legislation does not!).  This obviously must mean works that are fundamental to the ability of 'the structure' to be converted are not allowed - yet the legislation expressly allows for the installation of replacement walls or a new roof (for example), which are expressly allowed under Class Q.

Many agricultural buildings will of course require significant works to be enabled 'fit for residential purposes'. Yet the new guidance preventing 'structural' work seems to have given planning authorities a new opportunity to refuse these applications.

All said and done, there are ways that class Q can be used - and quite successfully too, however as with most of these types of Permitted Development approaches and prior notification submissions, a careful strategy is required for each unique proposal (each will be different from the next - such is the way of redundant agricultural buildings).

The Government has promised a review of Class Q their "ten point plan" for boosting economic productivity in rural areas. The plan suggests that there will be a complete review of “the current threshold” for agricultural building conversions to residential (and other) uses, although no further detail is given on which threshold shall be reviewed.

Get in touch today

Bondstones' specialist planning team are more than happy to take your call and provide impartial advice on any permitted development matters.  

Alternatively please contact us and we will get in touch with you at a convenient time.

Call the planning team today:
0845 544 1990

Key Planning Contacts:
Ian Firth - 0781 321 4535
Oliver Arthey - 07793 545 325

Class Q in Summary

• Buildings must be structurally capable of conversion to a dwelling-house (in the eyes of the planning authority)
• No more than than five dwellings are allowed to be created per agricultural 'holding' (under Class Q rights)
• Various combinations of dwellings can theoretically be created:
  
  • A maximum of 5 dwellings - comprising 3 "larger Dwellings" (achieved by converting up to 465 square metres of existing area into no more than 3 dwellings - each measuring up to 465 square metres when converted) PLUS 2 smaller dwelling-houses (each up to 100sq m floor area.)
  • Up to 5 smaller dwellings (each of up to 100 square metres of converted floor area)
    
• No rights in National Parks, AONB's or Certain Other locations
• Location (in relation to farming activity may be significant)
• Flood, Noise and Contamination risks can scupper conversions
• The building(s) must have been in use for the purposes of agricultural business on 30th March 2013 (or when last used if redundant since prior to that date).
• New openings, windows, doors, roof and walls (replacements) are allowed - provided they have no structural function (!).
• Buildings for conversion DO NOT have to be redundant
• Buildings to be converted must be lawful (i.e. not constructed unlawfully)
  
• No listed (or curtilage listed) buildings allowed to be converted
• Certain additional Permitted Development Rights are revoked (for 10 years) if Class Q is invoked.  All domestic PD rights are automatically forfeited on any converted building.

Alternatives to Class Q?

You may find that you are in a position where Class Q cannot be used (a number of reasons exist).

However - all is not lost!  The advent of Class Q rights and the generally positive effects of government policy advances on improving rural economic development means that a wide variety of options currently exists for building conversions and changes of use.  You may also wish to consider 'Class R' as an alternative... 

Bondstones specialise in 'change of use' and complex rural planning matters.  This may include involvement in activities such as:

• Conversions & New Build
• Farm diversification (changing use to serve other more beneficial purposes)
• Agricultural Dwellings & Houses for 'Essential Workers'
• Environmental Improvement / Mitigation
• New Agricultural & Rural Industrial buildings
• 'Temporary use' applications
• Agricultural & Rural Business support
• Equestrian, Sporting and Leisure Projects
• Provision of ancillary accommodation for family or staff

We also advise on resolving unlawful development, planning enforcement and a wide variety of contentious matters.  

Most importantly - We love a challenge!