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Changes to permitted development legislation – What you need to know

On 30 April 2024, the government announced a number of changes to the Town and Country Planning General Permitted Development Order.

Matthew Wyatt, associate at PWA Planning, looks at the key changes coming into effect from 21 May 2024.

The amendment to the order makes several changes that effect development rights for barn conversions, farm diversification schemes and agricultural developments, including conversions of agricultural buildings to dwellings and flexible commercial uses.

The changes aim to provide greater planning flexibility to encourage rural growth, housing delivery and support the agricultural sector in England and Wales.

Barn conversions

The order states that the following applications for barn conversions will be now considered:

  • a building that is part of an established agricultural unit and any land within that building’s curtilage, or
  • a former agricultural building that was (but is no longer) part of an established agricultural unit and any land within that building’s curtilage.

As well as…

  • the extension of the building being converted; and
  • building operations reasonably necessary to convert the building to a residential use or to extend the building.

The right to change use is limited to no more than 10 dwellings and/or 1,000 sqm of total floorspace, with a maximum permitted floorspace of 150 sqm per dwelling.

Building extensions that form part of the conversion are also limited to a single storey rear extension that does not extend beyond the rear wall of the existing building by more than four metres and is on land covered by an existing hard surface.

Whereas an initial consultation in August 2023 had sought views on allowing permitted development conversions within article 2(3) land, such as conservation areas, national parks and national landscapes (formerly known as areas of outstanding natural beauty), the government has dropped this proposal.

The order makes no mention of an amendment that would have removed much of the current restriction preventing use of the right in these protected sites.

Farm diversification

When converting agricultural buildings to flexible commercial use buildings the following changes have been made:

  • an increase in the floor area that can change use from 500 sqm to 1,000 sqm.
  • a wider range of uses being permitted. The uses allowed now include general industrial purposes, the provision of agricultural training, and use for outdoor sports or recreation; and
  • a new condition has been applied to use for general industrial purposes. Such use has to be limited to “the processing of raw goods (excluding livestock) which, other than ancillary goods, are produced on the site and are to be sold on the site”.

Agricultural permitted developments

The amendment to the order has introduced changes to traditional permitted developments for units both under and over five hectares.

Units of less than five hectares 

  • the limit on the maximum cubic content by which a building may be increased has raised from 20% to 25%.
  • the limit on the ground area of any building extended has increased from 1,000 sqm to 1,250 sqm.
  • the ability to extend a building on a site that is or is within the curtilage of a scheduled monument has been removed; and
  • Any development that was permitted immediately before 21 May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.

Units of five hectares of more

  • the ground area which may be covered by any building has increased from 1,000 to 1,500 sqm.
  • The ability to erect new buildings and extensions on a site that is or is within the curtilage of a scheduled monument has been removed; and
  • Any development that was permitted immediately before 21 May 2024 but is no longer permitted as a result of the changes will continue to be permitted for a further 12 months.

Overall, the amendment to the order aims to broaden the scope of permitted development rights, which I hope will contribute towards tacking the housing crisis and stimulate the rural economy.

Anyone intending to utilise these new permitted development rights must still apply to their local planning authority for prior approval and would recommend getting in touch with PWA, who can further advise on the process and requirements of the legislation.

If you have any further questions on the changes, or want to talk about your next rural project, contact our team on 01772 369 669.

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