The planning rules, called ‘permitted development subject to prior approval’ and introduced last April, allow up to three new dwellings to be created on-farm through a new simplified planning system
However, over half of submissions were being refused by local authorities, who did not seem to be acting in the proactive spirit of the new legislation.
The NFU’s senior planning and rural affairs adviser, Suzanne Clear, said: “We welcome the guidance, in particular the clarity that agricultural buildings outside village settlements, and where public transport cannot be relied on, can still qualify as suitable for conversion.
“Too many of our members have had change of use submissions turned down on the grounds that they are in unsustainable locations. If the rules are applied correctly going forward, they will really be able to help family and farm workers to stay on farm and to support the wider farm business.”
The background…
Planning legislation was introduced in April 2014 to allow for the change of use of agricultural buildings to residential use under new permitted development rights, known as Class MB, with a simplified process for applying to the local planning authority.
The simpler rules allowed for tests such as if the buildings could be practically converted and whether there would be adverse impacts on such matters as highways, contamination or flooding.
There was, however, limited explanation as to how the process should be applied and many local authorities were refusing applications depending on their individual interpretation of the rules.
The NFU, CLA and others including Pro Members have been lobbying for clearer guidance. While the legislation still has many tests and restrictions, by publishing new Planning Practice Guidance online, the government has sought to clarify key issues. These include:
- The tests for when it would be impractical or undesirable to change the use of a building
- How far a change of use limits other uses on farms (such as the right to erect further agricultural buildings)
- The 450 square metre threshold within which three dwellings can be created
- That the regulations don’t require a test to be applied with respect to the sustainability of the location, recognising that many agricultural buildings will not be in village settlements and may not rely on public transport for their daily needs.