Property development
Are you considering converting an agricultural building and unsure about class Q? Here's everything you need to know.
As it is now known, Class Q was first introduced on 6 April 2014, and renamed as so in April 2015.
Class Q allows the conversion of agricultural buildings to dwellinghouses, subject to certain conditions and limitations. We wanted to offer you some guidance on how existing agricultural buildings qualify for Class Q, the limitations of the permitted development right and the process for obtaining permission from your local planning authority.
We also saw the important need to highlight what to consider when seeking to convert an agricultural building, and how to make use of the permitted development right.
What does class Q mean in planning?
Class Q allows development consisting of -
· building operations reasonably necessary to convert the building referred to in paragraph (a) to use a falling within Class C3 (dwellinghouses) of that Schedule.
· a change of use of a building, including any land within its curtilage from use as an agricultural building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes order.
Essentially, the latter changes the use, whilst the former allows operations reasonably necessary to convert the building to a dwelling.'Reasonably necessary' is a key phrase, which we will talk about in a little while.
Image: Great Cossington Farm, Aylesford
Currently for sale with our Maidstone office.
Qualifying buildings
Buildings need to meet criteria to qualify as being in agricultural use, and that means it has to have been used that way on 20 March 2013. If it so happens that it was brought into agricultural use after that date, a period of 10 years must pass before development under Class Q begins.
It is important to note that the building was in use as part of 'an established agricultural unit' on the relevant date.
In providing the local planning authority with the agricultural holding number, it is a good way to demonstrate that the site is indeed an established agricultural unit.
Non permitted land designation sites for Class Q includes -
· Conservations Areas, Areas of Outstanding Natural Beauty, World Heritage or National Parks.
· Sites of special scientific interesting.
· Safety hazard areas.
· Military explosive storage areas.
· Scheduled ancient monuments.
· Listed buildings.
Floorspace thresholds and footprint
We saw an amendment to Class Q in 2018, which stated a distinction between larger and smaller dwellinghouses. Prior to this, there was a limit of 450 square metres per agricultural unit. The changes are now as follows -
· Buildings converted to larger dwellinghouse/s (above 100 square metres) the number of separate larger dwellinghouses cannot exceed 3, with the collective floorspace not exceeding 465 square metres.
· Smaller dwellinghouses (less than 100 square metres) cannot collectively exceed 5 , with a 500 square metre limit.
· With a combination of both large and small, the total number cannot exceed 5 and the floorspace of a larger dwellinghouse cannot exceed 465 metres.
In theory you could have one large dwellinghouse of 465 square metres, and four smaller dwellinghouses of 100 square metres.
Development must be within the footprint of the existing agricultural building.
Image source: Sandersons UK
Building operations reasonably necessary
Class Q does not allow building operations other than the installation or replacement of -
· windows, doors, roofs or exterior walls
· water, drainage, electricity, gas or other services to the extent that is reasonably necessary for the building to function as a dwellinghouse
As you can imagine, most barns are likely to need extensive work in order to convert them and bring them up to the Building Regulations standards – mostly this is beyond the scope of the building operations set out in Class Q.
Tenancy matters
Class Q cannot proceed if an agricultural tenancy has been terminated 1 year before the development begins or has been terminated for the purpose of carrying out the development. This is of course unless the landlord and tenant agree the site is no longer required for agricultural use.
This means that any existing agricultural tenant cannot terminate the tenancy in order to convert a building under Class Q. This enables the landlord to have ultimate control over the use of the land.
Image source: Sandersons UK
Prior approval
If everything stated above has been complied with, an application for Prior Approval to the local panning authority can be pursued. This in essence, seeks confirmation that specified parts of a development are acceptable.
Prior approval has a 56-day determination period and if the local authority fail to issue a decision within this period then planning permission is deemed as granted. This is on the provision that the development qualifies.
The following matters are for Prior Approval -
· transport and highways impacts of the development
· noise impacts of the development
· contamination risks on the site
· flooding risks on the site
· factoring whether the location of siting of the building makes it otherwise impractical on undesirable for the building to change from agricultural use to a use falling within Class C3
· the external appearance or design
· transport and highway matters – disruption ought to be minimal
· noise impacts – both for development and residential use
· containment – a Phase 1 contaminated Land Assessment may need to be carried out
· flooding
Developing an agricultural building may seem like an uphill climb to some, but with the right documentation and knowledge, we are sure your efforts will be paid off.
Wondering if your building has potential?
Sandersons UK have retained clients looking for land in the South-East and South West, with or without planning permission, of any shape or size. We offer free advice on how you can maximise the potential with your land either for sale or to develop yourself. Please complete the short form here so we can reach you.
How to find a potential development site
Demand for plots of land or buildings with development potential is currently very high, with some even selling before being listed on Rightmove, Zoopla & OnThe Market. To get ahead of the game, register for our heads up land property alerts. You will then be notified of any new opportunities before they go live on the property portals.
