Government responds to proposals for changes to permitted development rights

The government has announced changes which mark a massive expansion to permitted development rights. 

Changes seek to expand the uses and size of agricultural buildings that can be achieved through permitted development. The number of homes that can be converted under Class Q (agricultural to residential). Farmers will see a large increase in their diversification, expansion, and modernisation options.

Several changes will still require prior approval, so check with your NFU representative or a planning agent before going ahead with any development projects.

NFU reaction

Virtually all of the NFU’s asks have been included with a few exceptions.

It is noted that livestock are once again excluded from the new permitted development rights. Though disappointing, it was expected that the level of regulations required for new livestock buildings could not be done within the short time frame of prior approval.

The NFU is also disappointed that the expansions of Class Q were not allowed in protected landscapes. It is not considered that the alteration of an existing structure to provide housing would cause a significant impact to said landscapes. This is particularly important as protected landscapes are often the hardest for developers to provide new housing, and closing off a promising route will not support local communities.

The government has announced that rights for the extension and expansion of new buildings in the setting of scheduled ancient monuments would be removed.

Read our deep dive into the proposals and what they mean for you.

This consultation has now closed.

The NFU was highly supportive of the proposals in its consultation response, and helped inform the government on why the changes would be of low impact, and the benefits they could bring to farmers and rural communities.

The NFU position was that the permitted development will support the modernisation, expansion and diversification of farms massively. 

We supported expanding the size of buildings that can be erected with permitted development, as well as extended.

Greater diversification options

Furthermore, the expansion of changes of use within buildings on farms was also supported. Allowing greater diversification options for farmers and rural communities is vital to support a prosperous rural economy. 

It is noted that livestock are once again excluded from permitted development rights. Though disappointing, it was expected that the level of regulations required for new livestock buildings could not be done within the short time frame of Prior Approval.

Rural housing and protected landscapes

The NFU has always stated that more needs to be done to deliver rural housing, and responded for the expansion in rights for those with existing agricultural buildings to deliver new dwellings.

The NFU would also support expansions of Class Q for protected landscapes. It is not considered that the alteration of an existing structure to provide housing would cause a significant impact to said landscapes. This is particularly important as protected landscapes are often the hardest for developers to provide new housing, and closing off a promising route will not support local communities.

The NFU did not support the expansion of permitted development rights in the setting of scheduled ancient monuments.

During the Farm to Fork Summit the government had previously said they would be ‘cutting red tape’ with regards to planning, farming, and rural economies with a focus on reducing barriers as well as increasing certainty and flexibility in the planning system.

The consultation represents the culmination of many of the planning promises, creating new permitted development rights, as well as simplifying and expanding existing rights.

Permitted development rights are contained within the Town and Country Planning (General Permitted Development) (England) Order 2015, and many changes relate to legislation set within.

The government is seeking to expand the amount of diversification and expansion an applicant may undertake without applying for permission.

Proposals explained

The NFU is looking for feedback on the following areas:

Design codes/guides

A design code is a document that sets out the preferences for the external appearance of a building or structure. In theory, this will allow an applicant to know what the design of their proposal will be assessed against, as well as reducing uncertainty around how their development will be received by the local planning authority.

Design codes were introduced in 2021 and are created by local authorities. Many local authorities do not have design codes in place, however with time more will be adopted. Eventually design codes will become standard local policy documents.

Within some permitted development rights, prior approval on the grounds of external appearance or design is needed. The consultation seeks to replace this prior approval with a consideration of the design code, which would mean that consideration would be given as to whether the external appearance of a building meets the local design code requirements. 

Housing delivery

The permitted development right, Class Q, allows developers to convert an agricultural building to housing without obtaining planning permission. Proposals to expand Class Q would allow an increase of 5 homes to 10, and an increase in maximum potential floor area from 865sqm to 1,000sqm, with proposals to allow extensions under permitted development. 

Agricultural diversification

Currently, the permitted development right, Class R, allows for the change of use of agricultural buildings to a range of other uses such as storage, distribution, hotels and commercial buildings.

The government is proposing to expand the type of buildings (for example buildings in forestry or equestrian use) which can benefit from this right or a similar new right.

Agricultural development 

The government is considerating increasing the size limits of new agricultural buildings and extensions erected under permitted development rights.

The government splits agricultural units into two categories of 5 hectares and above, or 5 hectares and below.

For developments on units of 5 hectares or more, the existing right allows up to 1,000 square metres of ground area to be covered by any building or extension. Under the proposals, this would increase to 1,500 square metres of ground area.

For development on units of of less than 5 hectares, the existing right allows for 1,000 square metres for new agricultural buildings or extensions, as well as 20% cubic content increase (internal volume of the building). Proposals would see this increased to 1,250 square metres and a cubic content increase of 25%.

Industrial and warehousing

Under current permitted development rights, the gross floor space of a new building cannot exceed 200 square metres. The government is proposing to double this limit to 400 square metres. 

Extensions are currently limited to 1,000 square metres of floorspace of 50% increase over the original building (whichever is the lesser). The government proposes to increase this to 1,500 square metres of floorspace or 75% increase over the original building, whichever is the lesser).

NFU position

We have argued for some time that the planning system does not see farming as a unique case in a lot of circumstances. The planning system does not always appreciate, and accommodate the diversity and varying needs a farm may have.

We are supportive of the proposals in principle, as farming in modern times needs to be able to adapt and properly change according to the current climate. The current planning system affords this capability to other sectors but not to farming.

We are, however, cautious of the impacts that an influx of permitted development could have on neighbours adjacent to sites that could make use of the new rights. Permitted development reduces the would be chance for objection or comment from neighbours on planning applications, potentially leading to impacts not being seen or assessed by a local authority.