NEW CONSULTATION LAUNCHED FOR AGRICULTURAL PERMITTED DEVELOPMENT CHANGES

NEW CONSULTATION LAUNCHED FOR AGRICULTURAL PERMITTED DEVELOPMENT CHANGES

Rory Baker

Jul, 28 2023 3 min read

Michael Gove, Secretary of State for Housing and Levelling Up recently announced the Government’s long-term plan for housing as part of the emerging Levelling Up and Regeneration Bill. Whilst the focus of Gove’s announcement centred on urban regeneration, densification, brownfield development and levelling up towns and cities in the north of England, Gove announced that the long-term plan “backs rural communities, with changes to support farm diversification and development, to allow businesses to extend and more outdoor markets to be held”. 

Subsequently, the Government launched a public consultation on 24th July 2023 regarding proposed changes to the Town and Country Planning (General Permitted Development) (England) Order 2015. The consultation invites views on proposed changes to the delivery of housing through change of use permitted development rights and certain permitted development rights that allow agricultural diversification and development on agricultural units. Changes also extend to certain permitted development rights that allow the erection of new industrial and warehouse buildings. 

The consultation runs until 25th September 2023, and proposes the following changes:

Class Q of Part 3 (Change of use from agriculture to residential)

  • Proposes to increase the maximum number of homes that can be applied for from 5 to 10.
  • Proposes to remove the existing limitations on smaller or larger homes, and instead introducing a single maximum floorspace limit of either 100 or 150 sqm.
  • Proposes an overall maximum of 1,000 sqm that can change use, including any previously developed under Class Q.

Class R of Part 3 (Agricultural buildings to commercial use) 

  • Proposes to amend the right to allow for outdoor sports, recreation or fitness uses to be undertaken. This would allow outdoor activities, such as paintballing, but does not include motor sports. 
  • Proposes ability to change use to General Industrial (Use Class B2) limited to the processing of raw goods produced on the site, and to be sold on the site, excluding livestock. This would, for example, support farm shops where locally grown produce is then processed for sale. 
  • Proposes to allow for a mix of permitted uses on the same site, for example a farm shop and a hotel could come forward together providing greater flexibility. 
  • Proposes to amend the right to allow for up to 1,000 sqm of floorspace to change use, superseding the previous allowance of 500 sqm. 

Class A of Part 6 (Agricultural development on units of five hectares or more)

  • Proposes to increase the size limit from 1,000 sqm to 1,500 sqm of ground area a new building / extension can cover. 

Class B of Part 6 (Agricultural development on units of less than five hectares)

  • Proposes to increase the size limit from 1,000 sqm to 1,250 sqm of ground area a new building / extension can cover, with 25% cubic content increase. 

As part of the consultation, the Department for Environment, Food and Rural Affairs (Defra) is undertaking a call for evidence from stakeholders on nature-based solutions, farm efficiency projects and farm diversification.

Whilst the proposed changes are only subject to consultation at this stage, it shows promising signs that the planning policy and legislative framework will serve to support farmers and landowners ahead of uncertain times for the industry and will provide additional development opportunities. Whilst the changes predominantly seek amendments to existing permitted development rights, they could potentially have a significant and positive impact on rural diversification. Of course, until the changes are adopted (if at all), these remain speculative. 

Do get in touch with our expert planning consultants to discuss your options and opportunities. We can help you understand how these proposed changes could impact your business strategy and commercial options.