"CLASS R"
​PERMITTED DEVELOPMENT

AGRICULTURAL BUILDINGS TO A "FLEXIBLE COMMERCIAL USE" 

The General Permitted Development (England) Order 2015, allows for change of use from an agricultural building (and land within its curtilage) to ‘flexible use' - i.e. uses falling within:

• Use Class B8 - Storage or Distribution
  • Storage
  • Warehousing
  • Distribution
• Use Class C1 - Hotels
  • Hotels
  • Boarding houses
  • Guest houses
• Use Class E - Commercial, Business or Service
  • Retail
  • Sale of food & Drink
    (consumption on the premises)
  • Financial Services
  • Professional Services
  • 'Other appropriate services' (!?)
  • Indoor sport
    (not motorised vehicles, firearms as a swimming pool or skating rink)
  • Medical or Healthcare 
  • A creche, day nursery or day centre
  • Business uses
    (appropriate to residential areas):
    • Offices
    • Research & Development
    • Industrial Processes

For these interesting and potentially lucrative rights to apply (as with Class Q) certain criteria must be met:

• The subject building needs to have been solely in agricultural use on the 3rd July 2012 (or when it was last in use).
• If brought into use after 3rd July 2012, it must have been maintained in that use for a minimum of ten years.
• The total cumulative floor area of the existing building(s) - within the planning unit - which have changed under Class R rights, must not exceed 500sq m.
• The building(s) must not be:
  • a listed building (or within the curtilage of a listed building)
  • a scheduled monument (or part thereof)
  • form part of a (or be located within) a safety hazard area
  • form part of an explosives storage area

Rather than changing the use of the building to a specific use class - any completed "Class R" conversion shall be treated as having a sui generis use (i.e. no use specific class) - so other future, otherwise permitted, use class changes will not be able to be enjoyed (without a full planning application).  Likewise certain additional permitted development activities may be restricted - and thus require planning consent (e.g. for maintenance and refurbishment) - although this should not be unreasonably withheld.

Once 'deemed consent' has been obtained under Class R, a building (and land inside its curtilage) can subsequently change to any other use falling within the classes identified as ‘flexible uses’.  This means that a barn converted to offices, could subsequently be changed to a restaurant (or vice a versa) with little, if any, opportunity for obstruction by the planners.

Development under Class R is only permitted subject to details being provided to the Local Authority for prior approval before commencement of works.  It is worth considering this at design stage - to ensure that any conversion or alterations take account of potential alternate future uses from the outset.

There are two main opportunities for prospective Class R changes:

Buildings with <150sq m of existing floor space:
For building(s) where the cumulative floor space (to be converted) does not exceed 150m2 the local authority following need to be advised (in writing) as follows:-

1. the date the site will begin to be used for any flexible use
2. the proposed nature of the use (or uses)
3. a plan indicating the site / building(s) whose use will have changed

For cumulative development of floor areas up to 150sq m, on buildings that fit the criteria, there is NO requirement to wait (from the date of submission) before development / use can start.

Buildings Exceeding 150sq m
Where the cumulative, existing floor area to be changed exceeds 150sq m (but does not exceed 500sq m), the developer must submit a 56 day notice to the Planning Authority for a determination as to whether or not prior approval is required in relation to:-

1. Transport and highways impacts of the development.
2. Noise impacts of the development.
3. Contamination risks on or affecting the site
4. Flood risks

For buildings exceeding 150sq m, development cannot begin until written confirmation is received that prior approval is, or is not required.

However, development / change of use can commence right away if the planners exceed the 56 days required to make their determination.

Would-be developers need to bear in mind that although a 'use' can be changed under these permitted development rights, any alterations which would change the external appearance of the building are not (necessarily) permitted development - and thus a planning application may also be required before alterations can commence.

In Summary

• A maximum of 500 square metres (floor space across the agricultural unit) can be converted in total
  
  
• These rights DO apply in National Parks and AONB's!
  
  
• Location (in relation to farming activity) may be a significant issue / reason for refusal
  
  
• Flood, Noise and Contamination risks can scupper proposed uses
  
  
• Traffic and transport effects resulting from the conversion may also result in refusal of Class R proposals
  
  
• The building(s) must have been in use for the purposes of agricultural business as a part of an established agricultural unit on or before 3rd July 2012 or for 10 years before the date the development begins
  
  
• Buildings for conversion DO NOT have to be 'redundant'
  
  
• No listed buildings benefit from the permitted development right
  ​
  
• Changes to the external appearance of the building and / or other alterations to the site may (probably will) require additional planning consent

Alternatives to Class R?

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

However - all is not lost!  The advent of 2015 permitted rights changes and the generally positive effects of government policy on rural economic development means that a wide variety of options exist for building conversions and changes of use.

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!

​Get in touch...

Bondstones' specialist planning team are more than happy to take your call and provide impartial advice on any pressing or up-coming matters.  Alternatively please contact us and we will get in touch with you at a convenient time.

Call the planning team today:
01823 210 610