Key points of Class Q
- Agricultural to residential
- In agricultural use on the 24th July 2023
- 10 years if built after 24th April 2023
- Max 150sqm
- Max 10 dwellings up to 1,000 sqm
- Curtilage to be no larger than the footprint of the dwelling
- 4m one storey extension on rear of property, on existing hardstanding
- 0.2m on external walls to accommodate building operations
- No AONB, National Park, Safety Hazard Areas or SSSI
- Suitable existing access
- Complete within 3 years
The LPA will consider the following for a class Q:
- Transport and highways impacts
- Noise impacts
- Contamination risk
- Flooding risk
- Design and external appearance
- Wildlife survey
- Provision of adequate natural light in all habitable rooms
Key points of agricultural workers dwelling
- Financial test, 3 years worth of accounts with final year in profit
- Functional test, labour requirement (full time worker and essential need)
- Location - within sight and sound of the business
- Appropriate design and scale, can the business afford the property?
- Are there any other suitable available dwellings?
Paragraph 84 planning
Paragraph 84 states that “planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:
- There is an essential need for a rural worker
- The development would enable the development of a heritage asset (restore listed buildings)
- The development would reuse redundant buildings and enhance the setting (Barn conversions)
- Sub division of an existing residential dwelling
- Exceptional quality design - Grand Designs
Certificate of Lawful use of Existing Development (CLUED)
- Erection of building/dwelling, 4 years if started before 25th April 2024
- Levelling up bill as of 25th April 2024, now 10 years for all breaches
- Evidence needed (ie paying council tax, photographs etc)
How to remove an AOC
- Certificate of lawful use can be applied for after a 10 year breach i.e. someone living in the property for 10 or more years whilst in breach of the tie. This can be proven with a signed statutory deceleration.
- Market property for a minimum of 12 months at a market value that reflects the AOC. If no one offers then the tie will be removed.
NOTE - with a CLU, if someone then moves into the property that is within the rural sector the tie may well be reinforced.
Barn conversions
- Traditional barns are preferred
- Must be structurally sound - capable of being converted
- Access
- No listed buildings
NPPF
National Planning Policy Framework
Emphasis on sustainability - being near towns, shops, hospitals, school etc
Permitted Development Rights
Some options:
1. Site up to 50 tents/ motorhomes for up to 60 days a year (inform the LPA where the sewage is going)
2. Class R - flexible commercial
3. Class Q - Residential
4. Change the use of a site for up to 28 days a year per holding
Agricultural Permitted Development Rights
AKA 28 day notification or Prior Approval Application
- Part 6, Class A
- Part 6, Class B
Part 6, Class A
- Up to 1,500sqm every 2 years
- Max height of 12m
- Holdings over 5ha (minimum 1ha site)
- 25m from a classified/metalled road
- Within 3km of an airfield
- 400m from the curtilage of a protected dwelling (a dwelling that is not a house not associated with a farm)
- If you have done a Class Q in 10 years you can’t use PD rights and vice versa
- Complete within 5 years
– Notify LPA within 7 days of commencing
Part 6, Class B
- Holdings under 5ha (over 0.4ha)
- Extension of up to 20% of cubic content
- No increase in height
- No closer than 30m of an existing building
- Class Q precludes and vice versa
- Includes agricultural tracks
- Notify LPA within 7 days of commencing
% of an AOC on value
25-30%
When something doesn’t fall within a use class, what is it called?
Sui Generis
What is the undeveloped coast
Will only support developments that are necessary to be by the coast.
Example an Ag dwelling if your whole farm and only land lies within the protected area.
What is the planning bodies structure
- NPPF
- Local Planning Authority - South Hams, Teignbridge
- Neighbourhood plans
Class R
- No operational development (no alterations to building), only grants permission for the change of the use of the building.
- If the building is less than 150sqm, you just have to inform the LPA of the following:
1. Date you begin
2. Use Class
3. Provide a plan of the area - You also get an outside area for parking etc the same size as your building.
How long do the council have to give a decision on class Q?
56 days
