Could you develop your agricultural buildings?

Post on 31-Mar-2016

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Transcript of Could you develop your agricultural buildings?

Claire Fallows Speechly Bircham LLP 0207 427 1046 claire.fallows@speechlys.com

Agriculture to commercial use

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Could you develop your agricultural buildings?

Offices to residential use

Buildings that were in office use immediately before 30 May 2013 or when last in use can change use to residential, with prior approval from the planning authority in respect of transport, highways, contamination and flooding. Some areas have asked that the wider rules don’t apply to them (including some business areas in London, Manchester City Centre, Vale of the White Horse, Stevenage, Sevenoaks, Ashford and East Hampshire). As above, the new rules do not apply to Listed Buildings or Scheduled Monuments.

1 Through the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013. The Order also changes permitted development for domestic extensions, new schools, temporary uses and changes of use of office buildings.This summary simplifies what are complicated new rules and we recommend that professional advice is taken before any action is taken.

‘Change of use’ rules have been relaxed to serve as a catalyst for development

Existing permitted development rights for agriculture have been widened from 30 May to help boost the economy1. Although they are helpful, don’t forget that this applies to changes of use and not to associated operational works, such as inserting new windows, access and parking, which may still require planning permission. So development is easier but still not easy.

Change of use allowed, without need for planning permission, from:

• Agriculturalbuildingsandlandwithintheircurtilage(butnotadwellinghouse)

• Buildingmusthavebeensolelyinagriculturalusesince3July2012(otherwisethesewidenedrightswillnotapplyfor10years)

• DoesnotapplytoListedBuildingsorScheduledMonuments

• Ifchangesare<150m2 floor space, notify planning authority

• Ifchangesare150-500m2, obtain prior approval from the planning authority, as the impact on transport, highways, noise, contamination and flood risk may need to be assessed

• 500m2 maximum

• Shops(A1) • Financialandprofessional services (A2)

• Restaurantsand cafes (A3)

Subsequent change of use between these uses (not others) is allowed, without need for planning permission

• Business(B1) • Storage&distribution(B8) • Hotels(C1)

• Assembly&leisure(D2)

Rebecca McAllister 0118 903 5191 rebecca.mcAllister @smithsgore.co.uk