Class Q Permitted Development

Posted by Atoll Ltd on 22nd July 2021 -

Many people know you can perform certain types of work without needing to apply for planning permission under Permitted Development Rights. These derive from a general planning permission granted not by the local authority but by Parliament. In some areas known generally as 'designated areas', permitted development rights are more restricted – such as in Conservation Areas, National Parks ,or AONB).

But under something called 'Class Q – agricultural buildings to dwelling houses', Permitted Development is allowed under certain strict conditions for the conversion of old barns to houses – and including in Open Countryside. Such development consists of:

(a)  a change of use of a building and any land within its curtilage from a use as an agricultural building to a use falling within Class C3 (dwelling houses) of the Schedule to the Use Classes Order; and

(b)  building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwelling houses) of that Schedule.

Development is not permitted by Class Q if a detailed number of key criteria are not met to do with *for example) the suitability of the existing structure.

If Permitted Development is accepted under Class Q, then other planning precedents exist. Case Study examples exist like the Court of Appeal judgement on Mansell v Tonbridge & Malling Borough Council [2017] EWCA Civ 1314 . Here, Class Q was accepted as the ‘Fallback Position’ for an alternative and more conventional application for new build dwellings proposed instead as part of the NPPF “presumption in favour of sustainable development”.

Agricultural buildings by their nature tend to be large, utilitarian, and positioned for reasons of practicality and their conversion can both result in large and unwieldy houses and leave an unattractive building or group of buildings apparent in the landscape. It is therefore possible to make a case to a local authority that there is a better solution and to "trade" the Class Q consent for a better designed and less intrusive building or buildings. Such benefits and betterments could be:

• A better designed and less visually intrusive house.
• A better and more workable layout for several houses.
• The removal of eyesores.
• Improvements to the setting of a listed farmhouse.

Check out the advice from the Royal Institute of British Architects (RIBA) and download their various free guides, including their information and advocacy on the benefits of Working With an Architect on Your Home .

Ian Banks has been a Chartered RIBA Architect now for over 30 years, and would be delighted to assist you. Call him now on 07717710014 or email him at [email protected] .

Further information and guides from Atoll Blogs are also accessible off The Landsite, Houzz Pro and main website for Atoll Architecture.