Government Changes to Planning Law

The Government Planning Portal has made the following announcement:

Subject: changes in planning law

Planning Portal Weekly News header

Agricultural Permitted Development Rights change

The government has announced updates to Class Q and Class R of Part 3 of the legislation. These allow agricultural buildings to change use to dwellings or flexible commercial uses respectively. They are set to take effect from 21 May 2024. 

The changes aim to streamline the conversion of agricultural buildings and barns for residential and commercial purposes, providing new opportunities for developers while ensuring responsible land use. Another notable change to these regulations is that the rights allow for a single storey extension, where under previous regulations only the existing structure was eligible for conversion.

Under the renewed Class Q regulations, the number of new dwellings permitted has increased from five to ten. Additionally, the maximum conversion space has risen to 1,000 m², albeit with a limit of 150 m² per dwelling. 

Eligibility criteria for Class Q has also been expanded, meaning barns that are no longer utilised for agricultural purposes are now included.

Class R has been updated to further the scope of permitted conversions. Where previously Class R was limited to specific commercial uses, it will now also allow for conversions to developments designated as General Industrial or Outdoor Sport and Recreation. 

The size limit for this Class has also been raised to 1,000 m², enabling larger agricultural units to accommodate a broader range of developments, including dwellings and hotels.

Additionally, the rights in Class A and B of Part 6, which provide permitted development rights for agricultural use are also being updated. These will allow for larger developments by increasing the ground area allowed to be covered and, for Class B, raising the maximum percentage increase in cubic content.

The changes will also stop such developments from being permitted on scheduled monuments, with planning permission required in that circumstance.

Finally, transitional arrangements will allow any developments that, following the changes are no longer eligible for the permitted development rights, to continue to benefit from the ‘as is’ unamended legislation for a further 12 months.

View full details of the amending legislation.

Related updates to Planning Portal

We are in the process of researching and developing the required updates to our online application system and blank form templates to comply with these changes.

Since Government has only provided a period of three weeks between the legislation being published and taking effect, we will endeavour to get the changes implemented as soon as possible, but this may not be in time for them coming into force on the 21 May 2024.

More detailed information on the changes will follow in due course.

New Compulsory Purchase Order rules come into force

At the end of April, updated Compulsory Purchase Order measures allowing councils to acquire land to build public infrastructure without paying ‘hope value’, came into force.

The updates were originally laid out in the Levelling Up and Regeneration Act 2023. 

According to The Planner, councils, as well as bodies such as Homes England, will be able to ‘apply to the secretary of state’ to get the ‘hope value’ removed.

Levelling-Up Minister Jacob Young said that these updates will prompt necessary investment in regeneration nationally, The Planner reported.

The measures so far have received a mix response from industry spokespeople. 

Source: bethersden-pc.gov.uk