Could you develop your agricultural buildings?

1
Claire Fallows Speechly Bircham LLP 0207 427 1046 claire.fallows@ speechlys.com Agriculture to commercial use From Conditions To 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 economy 1 . 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: Agricultural buildings and land within their curtilage (but not a dwelling house) Building must have been solely in agricultural use since 3 July 2012 (otherwise these widened rights will not apply for 10 years) Does not apply to Listed Buildings or Scheduled Monuments If changes are <150m 2 floor space, notify planning authority If changes are 150-500m 2 , obtain prior approval from the planning authority, as the impact on transport, highways, noise, contamination and flood risk may need to be assessed 500m 2 maximum Shops (A1) Financial and professional services (A2) Restaurants and 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

description

 

Transcript of Could you develop your agricultural buildings?

Page 1: Could you develop your agricultural buildings?

Claire Fallows Speechly Bircham LLP 0207 427 1046 [email protected]

Agriculture to commercial use

From

Con

diti

ons

To

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