We are often asked in the Rural Planning Department if you have to be wealthy to gain planning permission? The answer should be “no”, but unfortunately the answer is invariably “yes” merely due to the general cost of obtaining all the information required to support a planning application including wildlife survey, structural survey, topographical survey and heritage report on top of the architect’s plans, planning statement and possibly an archaeological report, flood risk assessment and landscape plan – and that is before you have even employed your Rural Planning Consultant!
However, I am pleased to say that there is one route to achieve quite a useful planning approval that does not cost the earth and one which has the opportunity to provide a good income for farmers and landowners.
Whilst this Permitted Development Right – Class R – is not new, having been introduced in 2015, it is seldom used as most people concentrate on the higher cost, higher value Class Q that allows agricultural buildings to be converted into dwellings.
Class R allows agricultural buildings that were in use on the requisite date of 3rd July 2012 to be changed to a flexible commercial use, which includes B1 (business), B8 (storage and distribution), A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), C1 (hotels) or D2 (assembly and leisure). From 1st September 2020, there have been various changes to the Use Classes.
Class R, however, has many opportunities over its big brother, Class Q! Class R is applicable within the Area of Outstanding Natural Beauty which covers half of the South Hams and a large proportion of many other districts, and it is also included in the National Parks and therefore is applicable both in the Dartmoor National Park and the Exmoor National Park.
The only areas that are precluded from a Class R application are if the site is, or forms part of, a military explosives storage area; if the site is, or forms part of, a safety hazard area; or if the building is a listed building or a scheduled monument.
So why did I say that this Class R change of use of agricultural buildings to a flexible commercial use is a low-risk, low-cost option and one likely to give rewards? Well the answer is simple: the application for a Class R is simple itself. If the building you are wishing to change the use of is less than 150m², you simply have to notify the Local Planning Authority of your intention, which use of the list above (i.e. B1, B8 etc) you are going to use, the date you are going to commence the change of use and a plan indicating the building in question – there is not even a planning fee!
If, however, your building is over 150m² then you have to submit a Prior Approval to the Local Authority which is not much more complicated and involves a simple application form, a site plan and an explanation/statement demonstrating how your proposal meets with the 3 criteria on which a Class R application is assessed: (i) transport and highways, (ii) contamination and (iii) noise.
A Class R application will only allow up to 500m² of a building to be changed but, with a planning fee of just £96 and a very simple application process where the Local Planning Authority has to either approve the Prior Notification or refuse it within 56 days, Class R is a great way to create a diversification project and gain some additional income from your farm holding.
The Class R legislation allows for the change of use but any changes to the external appearance are not necessarily permitted development and so a Full application may required before alterations to the building can take place.
We have been involved with a few Class R applications, gaining permission for B1 (business) and B8 (storage and distribution) but as you can see from the criteria, there is also the opportunity of converting a building into a café/restaurant or even a hotel and we look forward to dealing with such an application in the future!
Amanda Burden
Partner
Agricultural & Rural Planning Department
