The ABC of Agricultural and other Barn Conversions. May 2014

Transcription

1 The ABC of Agricultural and other Barn Conversions May 2014

2 All Change! New permitted development rights Change of use of farm buildings to residential use Fenella Collins MRICS Head of Planning

3 CLA lobbying successes National Planning Policy Framework Right of appeal for the non-validation of planning applications Permitted development rights for the change of use of farm buildings to: A range of commercial uses GPDO Part 3 Class M and A residential use GPDO Part 3 Class MB

4 GPDO Part 3 new class MB 6 April 2014 SI 2014 no. 564 GPDO Part 3 changes of use new class MB What is permitted development? Withdrawing permitted development rights Article 4 direction Condition

5 and What is permitted under new Class MB The change of use of an agricultural building and land within its curtilage to use as a dwelling house The building operations necessary to convert the building to a dwellinghouse Curtilage (for purposes of Classes M, MA or MB) drawn very tight to the building

6 Conditions and Limitations Established agricultural unit means agricultural land occupied as a unit for the purposes of agriculture on 20 March year rule Cumulative floor space = 450 sqm before and after Up to 3 dwellings on an established agric unit Can t extend beyond existing foot print

7 Conditions and Limitations (cont) Protection for tenants under AHA 86 and ATA 95 New GPDO Part 3 Class MB vs GPDO Part 6 (10 year rule) GPDO Part 6 v new GPDO Part 3 Class MB (20/3/13) GPDO Part 1 (dev within curtilage of dwelling)

8 Conditions and Limitations (cont) Class MB not available on: Article 1(5) land (National Parks, AONBs, Conservation Areas, the Broads, WHS) or SSSI, safety hazard areas, military explosive storage areas or Listed buildings and scheduled monuments

9 Buildings operations cannot extend beyond : And Conditions and Limitations (cont) Installing or replacing Windows, doors, roofs or exterior walls Water, drainage, electricity, gas or other services Partial demolition to the extent reasonably necessary

10 All development under Class MB requires prior approval BEFORE any development commences Assessment of Impacts Transport and highways Noise Contamination Flooding Notification requirements

11 Notification requirements (cont) Location Siting Impractical or undesirable Design and external appearance

12 Prior approval procedure LPA determination period 56 days following date of receipt of prior approval application (21 days public consultation) When can development commence? Written notice prior approval not required Notice that prior approval is granted No decision received within 56 days following date of receipt of application 3 years to commence development

13 Prior approval procedure - government clarification NPPF and relevance to prior approval matters Request for further information Conditions Refusal of prior approval application Flood risk assessment Compliance with prior approval procedure

14 CLA guidance notes CLA GN07-14 Part 3 Class M change of use agricultural to commercial uses (updated) CLA GN08-14 Part 3 Class MB change of use agricultural to residential use (new) CLA GN09-14 Part 6 Agricultural buildings and operations (updated)

15 Get cracking!

16 THANK YOU 16 Belgrave Square London SW1X 8PQ Tel Fax Website

17 ABC of Barn Conversions Nathan McLoughlin Director Tom Stanley Associate Director

18 What this is about? It s a guide through the PD Rights for barn conversions Converting Barns to Houses Converting Barns to Flexible Uses Converting Barns to a state-funded School or Registered Nursery 18

19 What this is about? What recent changes to PD Rights? Why do they exist? Why should I pay attention to them? 19

20 Barns to Houses

21 Barns to Houses PD Right Class MB of the General Permitted Development Order 1995 (as amended) Rights were introduced in March 2014 and have been fully operational since 6 th April

22 Where the Rights DO NOT apply If the barn is in any of the following: Listed Buildings or Scheduled Monuments Area of Outstanding Natural Beauty National Park Conservation Area SSSI/SAM Safety Hazard or Military Explosives Areas (obvious really) 22

23 Where the Rights DO NOT apply This means you have to submit a planning application and subject the proposals to the normal process 23

24 Where Rights DO apply Need to take into account the following: Building has to be in agricultural use You cannot erect a new barn and then seek to claim PD to convert it Maximum floorspace is 450 sq.m. on one agricultural unit. No more than 3 dwellings on one agricultural unit 24

25 Where Rights DO apply Limited to external footprint of existing building Install/replace doors, windows, roofs and walls which are reasonably necessary. Rights apply to the curtilage of the building as well. Partial demolition is allowed to enable the building work to be carried out. 25

26 Tenancy Issues Be Nice to your Tenant! EXPRESS consent of both landlord and tenant is required, as necessary. The right is restricted if the agricultural tenancy having terminated within the last year to allow this change to happen 26

27 How to Apply? A prior notification application needs the following: Written description of the proposals. Plans indicating site and showing the proposals Applicant contact details. 27

28 Prior Notification Determination The LPA will assess: Highways Impact Noise impact Contamination Flooding Whether the location or siting of the building makes it otherwise impractical or undesirable to convert to a dwelling. 28

29 Prior Notification Determination Development cannot be commenced until the following: Letter from LPA confirming prior approval not required or it has been granted Letter from LPA confirming that prior approval is not granted and a planning application is required A decision has to be made within 56 following the date the application was received if not go ahead. 29

30 Barns to other Flexible Uses

31 Change to Flexible uses Class M of the GPDO. It came into force on 6 th April 2013 and allows changes from agricultural use to: A1 Shops A2 Financial / professional services A3 Restaurants and cafes B1 Business - Offices, light industrial B8 Business - Storage and Distribution C1 Hotels - Hotels, boarding and guest houses D2 Assembly and Leisure 31

32 Where the rights DO NOT apply If the site forms part of a military explosives storage or safety hazard area The building is listed or a scheduled monument 32

33 Where Rights DO apply Need to take into account the following: Building has to have been in agricultural use before 3 rd July 2012 Restriction to Agricultural barns built as PD Maximum floorspace under Class M is 500 sq.m. on one agricultural unit. Once the change of use has occurred, it is considered sui generis use and permission has to be sought to change to any other use 33

34 How to Apply? For under 150 sqm. of floorspace the LPA needs to be notified of the following: The date will begin to be used for any of the flexible uses. The nature of the use or uses A plan showing the site and buildings that have changed A prior notification application for between 150 sqm. and 500 sq.m. floorspace will be assessed against the following: Highways Impact Noise impact Contamination Flooding 34

35 Barns to a state-funded school or registered nursery

36 Where the rights DO NOT apply If the site forms part of a military explosives storage or safety hazard area The building is listed or a scheduled monument Within 1 year of an agricultural tenancy having terminated to allow this change to happen, unless the landowner and tenant agree 36

37 Where Rights DO apply Need to take into account the following: Building has to be in agricultural use and been so before 20 th March 2013 You cannot erect a new barn and then seek to claim PD to convert it Maximum floorspace under Class MA is 500 sqm. on one agricultural unit. 37

38 How to Apply? Any application needs the following: Written description of the proposals. Plans indicating site and showing the proposals Applicant contact details. The LPA will assess: Highways Impact Noise impact Contamination Flooding Whether the location or siting of the building makes it otherwise impractical or undesirable to convert to a dwelling. 38

39 Is this acceptable? 39

40 Is this acceptable?

41 Is this acceptable? 41

42 Is this acceptable?

43 Is this acceptable? 43

44 What does this mean? 450 sqm. to residential (Class MB) 500 sqm. to nursery (Class MA) 500 sqm. to office Flexible Use (Class M)

45 What does this mean? 500 sqm. to office Flexible Use (Class M) 500 sqm. to nursery (Class MA) 450 sqm. to residential (Class MB)