PLANNING CLASS Q: 2024 CHANGES

for Prior Approval Barn Conversions. Class Q(a)and Q(b) Town and Country Planning (General Permitted Development)(England) Order 2015

Last year (2024) the government announced changes to the Class Q permitted development rights which allow the conversion of existing agricultural buildings in the countryside into permanent residential dwellings without the need for full planning permission.

The intention of the government’s policy change and the spirit of the legislation was to boost rural housing supply and make that supply more affordable.  Particularly in rural areas where building new homes from scratch may be more difficult through full planning permission.

Previously to meet the requirements of Class Q permitted development applicants were permitted to create up to 5 dwellings with associated garden area with a maximum combined floor space of 865msq.  More recent amendments to the legislation now allow an alternative of the formation of up to 10 dwellings each with a maximum floor area of 150msq but up to a maximum overall floor area of 1,000msq.

One important change of the legislation was that previously the building had to have been used for agricultural purposes or its last known use was for agricultural purposes.  This has now changed with the wording that the site is part of an established agricultural unit or if it is no longer part of an established agricultural unit the buildings last known use was agriculture.  This potentially opens up the possibility of a number of other buildings with previous uses as long as they are part of an established agricultural unit.

Previously stables or equestrian buildings did not qualify under class Q legislation as they are not considered ‘agricultural’ but equestrian.  The new legislation does not make this distinction between the buildings use, only that the site: ‘is part of an established agricultural unit’.  So subject to complying with all other points of the legislation conversion of equestrian buildings should now qualify for conversion.

Another important change is the ability to create a single storey extension to the rear of the building, over hard surfacing by 4m and up to 4m in height.

A brief summary of the changes to the Class Q legislation are listed below:

Timings:

·       If the barn was not part of an established agricultural unit (EAU) on 24th July 2023, then it will not qualify for the new Class Q. Sorry!  If the barn became part of an EAU after 24th July 2023, then you will need to wait 10 years.

·       If your barn existed on or before 24th July 2023 and you have not taken advantage of Class A  or Class B of Part 6 (new or extensions to barns) in the last 10 years, you can now apply for Class Q provided it is on an established agricultural unit.

Increased Conversion Capacity

·       Maximum number of dwellings: Increased from 5 to 10 per agricultural unit.

·       Total floor space: Expanded from 865m² to 1,000m².

·       Individual dwelling size: Now capped at 150m² per unit (previously up to 465m²). ​

Extension and Structural Adjustments

·       Rear extensions: Permitted up to 4 metres, provided they are on existing hard surfaces present before 24 July 2023.

·       Minor external protrusions: Allowed up to 0.2 metres to accommodate fixtures like windows and doors. ​

Expanded Eligibility Criteria

·       Building types: Now includes former agricultural buildings no longer in use, and certain non-agricultural structures within established agricultural units.

·       Equestrian buildings: Excluded unless part of an agricultural unit.

Access and Infrastructure Requirements

·       Highway access: A suitable existing access to a public highway is mandatory.

·       Building condition: Structures must be structurally sound and capable of conversion without substantial rebuilding.

Transitional Arrangements

·       Application window: Until 20 May 2025, applicants can choose to apply under the previous Class Q rules.

·       Completion timeframe: Conversions must be completed within three years of prior approval. ​

Restrictions and Exclusions

·       Protected areas: Class Q rights do not apply to buildings within Conservation Areas, Areas of Outstanding Natural Beauty, National Parks, or sites with listed status or scheduled monuments.

·       Article 4 directions: Local authorities may impose restrictions removing permitted development rights in specific areas. ​

These updates aim to provide greater flexibility for landowners and developers while ensuring that conversions are appropriate and sustainable.

In order to comply with the legislation, the main requirements are:

-The site must have been part of an established agricultural unit on 24^th July 2023

or

-in the case of a site which was but no longer is part of an established agricultural unit on 24^th July 2023 for a period of at least ten years before the development under class Q begins.

or

-if not part of an established agricultural unit on 24^th July 2023 since ceasing to be part of the agricultural unit its last known use must have been agricultural with no other uses in between.

- The floor space of all proposed dwellings must not exceed 150msq, the number of dwellings cannot exceed 10 and the total cumulative floor area allowed to be converted is 1,000msq

-The site must not be occupied by an agricultural tenancy unless the consent of both the landlord and tenant has been obtained to state that the building is no longer required for agricultural use.

- No permitted development under Class A(a) or Class B(a) of Part 6 of the Town and Country Permitted Development Order (agricultural buildings and operations) has been carried out on the established agricultural unit during the period which is 10 years before the date development under Class Q begins

- Only a 4m single storey rear extension over existing hardstanding is permissible

-The garden area of the development must not exceed that of the footprint of the building itself.  This should not have to include access and parking if they are already in place.

-The development should only consist of building operations to allow the installation or replacement of windows, doors, roof, or exterior walls and water, drainage, electricity, gas and other services to the extent reasonably necessary for the building to function as a dwelling.  Partial demolition is allowed in order to carry out those building operations.

National Planning Policy Guidance advises that internal works:

‘Internal works are not generally development.’ For the building to function as a dwelling it may be appropriate to undertake internal structural works, including to allow for a floor, the insertion of a mezzanine or upper floors within the overall residential floor space permitted, or internal walls, which are not prohibited by Class Q.’

Guidance indicates that internal structural works may be required to allow a conversion to function as a dwelling and as long as those works do not take the load of the external building they should be permitted under the legislation.  Works to strengthen the existing structure would not be permitted. 

- The new dwelling would have to comply with nationally described space standards

- The building must have a suitable access to a public highway

There are also some restrictions in the location of the permitted development:

-The site cannot be within a SSSi (site of special scientific interest), a safety hazard area, a military explosives storage area, National Park or an AONB (Area of Outstanding Natural Beauty).

-The site cannot be or contain a scheduled ancient monument or listed building or be in a conservation area or article 2(3) land.

How to formalise the Permitted Development:

An application for prior notification for the Class Q conversion prior to any works taking place.  If the works have previously commenced an application for planning permission would have to be made. 

When submitted the local planning authority will make an assessment as to the suitability of the conversion to a dwelling in terms of:

- Transport & highways impacts

- Noise impacts

- Contamination risk

- Flood risk

- Whether the location or siting of the building makes it impractical or undesirable for use as a dwelling

- The design and external appearance of the building

- The provision of adequate natural light in all habitable rooms of the dwelling

The permitted development right does not apply a test in relation to sustainability of the location of a conversion.  It is generally accepted that most agricultural buildings will be in more remote locations and that vehicular transport will be required for daily needs.

Planning policy Guidance advises that impractical means that the location and siting would not be sensible or realistic and undesirable means that it would be harmful or objectionable.  The guidance defines examples of the definition of impractical as at the top of a hill with no road access, power source or other services and examples of undesirable as adjacent to intensive poultry farming buildings, silage storage or buildings with dangerous machines or chemicals.

A class Q application should be accompanied by a structural engineers report which states that the building and its existing structure is capable of conversion to a dwelling house.

Class Q does not allow rebuilding, only conversion.  The Hibbett case from 2017 clarified the definition of conversion as opposed to new build.  Replacing structural elements entirely, adding new structural supports where none existed, inserting new steel frames, replacing or rebuilding large elements of external walls may constitute rebuilding rather than converting.  Small scale repair works to an existing structural frame and the replacement of cladding and roof sheets are usually considered reasonably necessary to allow the building to function as a dwelling house.

A class Q application should also be accompanied by an ecologist report outlining any potential impact upon protected species and a mitigation strategy if there are any.

What is required for the Prior Notification Application:

Although requirements vary across local planning authorities as a general guide for the prior approval notification most local planning authorities will require:

- A planning statement giving a written description of the development and how it complies with the class Q legislation.

- A location plan at a scale of 1:1250 or 1:2500 with the site outlined in red and all other ownership outlined in blue.  The location plan should identify the point of access.

- A block plan showing the extent of the application site and its curtilage.

- Existing and proposed plans, elevations and sections to a metric scale of 1:100.

- If the site is located within a critical drainage area or flood zone 2 or 3 a flood risk assessment. 

- A wildlife survey or statement outlining any potential impact upon protected species and a mitigation strategy if there are any.

- A structural survey demonstrating the structural soundness of the building and its suitability for conversion.

- The completed application and application fee.

Class Q can affect future agricultural permitted development rights for an agricultural unit so it is important that you to check and understand what those effects are and if they are acceptable to you prior to undertaking a class Q conversion.

If class Q permitted development is not an option for your site all is not lost.  There are specific policies in the New North Devon and Torridge local plan which (subject to certain conditions) are permissive of the reuse and conversion of disused and redundant rural buildings.

Once a planning permission for a class Q conversion or full planning application is successful a further option would be to use the class Q conversion permission as a ‘fall back’ position for the demolition of the existing agricultural building and erection of a new dwelling or dwellings.  This can have many advantages in providing a more sustainable, thermally efficient, improved design dwelling with landscaping and biodiversity enhancements.  New dwellings are also zero rated for VAT so there may be a significant saving in the construction cost of erecting a new dwelling over trying to convert an existing structure.  Class Q permissions must be completed within a period of 3 years starting with the prior approval date however a full planning application would require the development only to be ‘commenced’ within 3 years from the date of the permission.

In order to do this, it must be demonstrated that a proposed new dwelling would offer tangible improvements (or ‘betterment’) in terms of design or sustainability or biodiversity or landscape effects above that offered by the fall-back position or original class Q conversion.  We have had success on a number of class Q conversion and subsequent fall-back schemes and would be happy to have a discussion about your potential project.  If you would like some further information or would like to arrange a site visit and consultation then please do get in touch.

The information contained in this guidance is provided for general reference only and does not constitute legal or planning advice. All Class Q proposals are subject to the submission of a Prior Approval application and to the Local Planning Authority’s assessment of whether the existing building, proposed works, and associated curtilage meet the full requirements of the General Permitted Development Order. Determinations are made on a case-by-case basis, and outcomes may vary according to the specific circumstances of each site and sometimes planning case officers’ subjective opinions. Planning decisions can be inherently interpretive and unpredictable, and compliance with this guidance does not guarantee that approval will be granted.