Following a growing call for guidance, DCLG has at long last provided clarification on agricultural to residential conversion rights.
cottageIt is nearly twelve months since the introduction of the new prior approval procedure which appeared to provide scope for the conversion of agricultural buildings to dwellings without the need for formal planning permission.
The rules introduced in April 2014 were intended to make effective use of underused farm buildings, yet up until now, the wording of the regulations has led to ambiguity for decision makers resulting in over half of all agricultural-to-residential prior approval applications being refused.
Applicants wishing to exploit the new rights need to notify LPA’s of their proposed conversion scheme and as part of the procedure, council officers will assess potential adverse impacts on highways and noise and whether there is a risk of contamination or flooding. However, and more critically (and indeed more confusingly) officers must also consider whether the location of the building would render conversion “otherwise impractical or undesirable.”
Without any clear guidance as to what exactly DCLG meant by impractical or undesirable, many local planners have been applying the Framework’s sustainability test, resolving that farm buildings in isolated locations render conversion to a residential use impractical.
The updated Planning Practice Guidance published last week has added new paragraphs specifically clarifying the rules, with para. 108 confirming that the permitted development right deliberately does not apply a test in relation to sustainability of locations as it is recognised that many farm buildings will not be in village settlements.
The Guidance goes on to state that “Impractical reflects that the location and siting would “not be sensible or realistic”, and undesirable reflects that it would be “harmful or objectionable”.
The updates will now provide the guidance needed for both decision makers and applicants in the assessment of proposals made under Class MB of the GPDO. It will also mean that all of those prior approvals refused over the last year may be worthwhile revisiting!
If you or your client have an agricultural building which would be suitable for conversion, or you require any assistance or advice regarding the prior approval process please contact our team at De Pol Associates on 01772 888488.
Please find a link to the new guidance below;
http://planningguidance.planningportal.gov.uk