Amendments To The Class Q Permitted Development Right

Posted by Greenslade Taylor Hunt on 26th May 2024 -

The Government has introduced major changes to the Class Q permitted development right, which allows for the conversion of agricultural buildings to dwellings. The amended legislation will come into effect on 21st of May 2024.

An increase in the maximum allowance from five to ten dwellings will rightly grab the headlines. However, there is a lot of detail to unpick in the new legislation and so we have provided our summary of the key points below. As ever, we would always advise that you seek professional advice from a planning consultant before progressing an application for prior approval. 

What does it allow?

• The maximum number of dwellings that can be created within an agricultural unit has increased from five to ten, with the maximum floorspace of new dwellings set at 1,000 sq.m. 
• The maximum size of any dwelling has been reduced from 465 sq.m to 150 sq.m. 
• A new build single storey rear extension (up to 4m) can be added, provided that it is on an existing hardstanding.

The amended legislation therefore doubles the permitted number of dwellings and also increases the overall floorspace that may be achieved. We can however see situations where there is potential for disagreement over what forms the rear elevation of a barn, and over the precise interpretation of some of the legislation. 

Does your barn qualify?
The permitted development right remains subject to strict criteria, with listed barns and barns within National Landscapes (formerly AONBs), Conservation Areas and certain other designations unable to take advantage.

Barns must already have suitable access to a public highway and be capable of complying with the nationally prescribed minimum space standards.

To qualify for the permitted development right a barn must either:

• Have formed part of an established agricultural unit on 24th July 2023 (barns need not be in agricultural use where they remain part of an established agricultural unit); or 
• Have formed part of an an established agricultural unit for a period of 10 years if built after 24th July 2023.

Barns that are no longer part of an agricultural unit may potentially still qualify, however this will depend on a number of factors e.g. the date the barn ceased to form part of the agricultural unit and the subsequent use of the barn. It is advisable to seek professional advice to ascertain if your barns could qualify under the new criteria.

Transitional arrangements
There may be certain instances whereby the previous iteration of Class Q are more favourable to your circumstances - for example if you wish to create a dwelling with a floor area exceeding 150 sq.m. The amended legislation helpfully includes a ‘window of opportunity’ for those wishing to apply under the previous Class Q criteria until 21st May 2025. 

Get in touch
For bespoke advice in relation to the announced changes to the Class Q legislation and their potential implications for your development projects, please contact Greenslade Taylor Hunt’s dedicated Development Land & Planning team.