Class Q Archives - Page 3 of 4 - Planning Design Ltd

Collaboration equals Class Q success

29th November 202218th May 2021 by Gary Stringer

This month, May 2021, Planning & Design Practice Ltd secured planning permission for the change of use (and the building operations required to facilitate the conversion) of an agricultural storage building to be used as a home, for our client, under Class Q permitted development legislation.

The landowner had approached the council regarding a potential conversion roughly 15 years ago but was given a definitive “no” in response. However, we were able to engage with the Class Q permitted development legislation to put forward a strong case for the conversion of the building.

Our colleague Fernando Collado-Lopez lead the design work which received notable praise from the Planning Office as “one of the best he had ever seen”.

Having worked previously in the private sector in a variety of practices and locations including United States of America, Spain and London, on high rise residential, education, religious, and retail projects, Fernando is an ARB registered architect who joined us in February 2019. He qualified in 2010 at the higher School of Architecture in Seville and also studied at the Fakultät für Architektur und Landschaft in Hannover, Germany.

The Class Q permitted development legislation is very prescriptive about what can and cannot be done to achieve the conversion. The design was informed at every stage by the planning team, who have an acute knowledge of the legislation and the associated case-law. Our dynamic, hybrid approach to spatial development meant we were able to secure a valuable permission and were able to bypass the Authority’s previous objections to development on the site.

Obtaining planning permission can provide you with that dream home in the countryside or maybe the way of life you have always dreamt of.

It can also bring about significant gains and help to maximise the value of your rural property. However, development in the countryside is subject to strict planning controls which can make obtaining planning permission very difficult. We have vast experience of working on rural projects for homeowners, landowners and farmers including equestrian development, agricultural dwellings & barn conversions. Contact us for a free 30 minute consultation to discuss your building, project or land.

Appeal success means Derbyshire couple can stay in their dream self-build home

29th November 202220th January 2021 by Gary Stringer

Planning & Design Practice Ltd has successfully overturned an enforcement notice that sought to evict a Derbyshire couple from their dream home, writes Director Richard Pigott. The converted barn, completed in late 2019 using Class Q permitted development rights, was subject to enforcement action by Erewash Borough Council who considered that the dwelling was a new building rather than a conversion, and therefore contrary to Green Belt policies. The appellants had secured prior approval under class Q of the GPDO to convert a farm building on a smallholding to a dwelling. The council took enforcement action when they discovered, soon after building work had commenced, that the original timber roof support frame had been replaced with a steel frame. At this point PDP were engaged to advise the appellants. A retrospective application to regularise the work was refused and the council subsequently issued an enforcement notice directing that the building be demolished.

However, following an appeal hearing held in December Planning Inspector Melissa Madge concluded that very special circumstances justify retrospective approval of the barn conversion. The inspector agreed that the building operations undertaken exceeded what had been reasonably necessary to facilitate change of use from an agricultural building to a dwelling and had resulted in the erection of a new dwelling. Turning to the deemed application, whilst determining that the dwelling was an inappropriate form of development in the Green Belt, she noted that during the course of the works, the appellants had been advised that the timber frame would not support insulated roof panels and had failed to appreciate that replacing it went outside the scope of class Q. The inspector was satisfied that the appellants had intended to implement the approved scheme and worked with the existing building as much as they felt was necessary. Since the resultant dwelling was not dissimilar in appearance to what it would have been had the timber framework been retained and strengthened, she concluded that it did not harm the area’s character. She also gave weight to the appellant’s health and financial circumstances in deciding that the very special circumstances needed to justify inappropriate development in the Green Belt had been shown.

Commenting on the decision, Richard Pigott said “we are delighted to have won this appeal for our clients who have faced over 2 years of stress and uncertainty. The threat of eviction has now gone and they can finally settle in properly without the enforcement proceedings hanging over them.” Richard said that the case highlighted two important lessons. Firstly, Class Q is a complex piece of legislation with many ‘grey areas’ and, with this in mind, it is important to have in place a set of parameters in a construction method statement that has been agreed with the council as this will clearly identify what can and cannot be done to a building with class Q consent. Secondly, the particular circumstances of this case were pivotal – the fact that this was a self-build project by ‘lay people’ who clearly attempted to convert the building afforded them a degree of leniency which could not always be relied upon. A link to the Inspector’s decision letter can be found here:

Richard has produced a webinar on Class Q permitted development rights which can be found here:

If you would like to discuss whether your barn qualifies for Class Q permitted development rights please get in touch.

Livestock building approval for Derbyshire farm

29th November 202215th December 2020 by Gary Stringer

Planning & Design Practice Ltd were delighted to secure planning permission for a new livestock building for a Derbyshire farmer. Span Carr Farm is a working farm, comprising of a farmhouse, associated residential dwelling and a number of agricultural buildings to the east of Matlock Road (A632) in Derbyshire. The established land holding is located in open countryside bounded by agricultural fields to the north, west and south.

The application sought approval for the construction of a livestock building on land within the farmstead, to the north of the applicant’s farmhouse, which would be surrounded by other existing agricultural building.

The building would measure maximum dimensions of 29m x 7m (210sq.m) with a ridge height of 6m and be constructed from concrete panel, with cement fibre sheeting to the upper walls and roof. All four elevations of the building were designed to be enclosed, with six sliding doors featured within the south east (facing) elevation.

The design of livestock buildings is vital to ensure that a constant supply of fresh air is supplied to prevent respiratory and other diseases together with improving production. Good ventilation removes stale, damp air which helps ensure that viruses and bacteria cannot survive for long outside the animal. Regardless of the type and age of cattle or type of housing the accommodation must provide for the animal’s most basic needs if animal performance is to be maximised and welfare standards met.

The scale and position of the proposed building was considered appropriate and well related to the existing pattern of development on the site and surrounding uses and would not lead to a prominent intrusion into the countryside. It was deemed that the building by its very nature is appropriate in the countryside.

The development will be of a high quality and constructed of typical agricultural building materials. The farm has a range of buildings on site, including modern buildings, therefore the proposed development will not affect the character of the farm and the surrounding area. The development is considered to complement the buildings on site in terms of its scale, height, density, layout, appearance, materials and the relationship to adjacent buildings. The material used have been thoroughly considered in order to complement the landscape character and existing agricultural development in the area.

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including agricultural dwellings and occupancy conditions, farm diversification schemes and Class Q barn conversions. Please don’t hesitate to contact us for a free 30 minute consultation to discuss a particular building or project.

Main Image: FreeImages.com/Andy Stafiniak

A porch too far?

29th November 202221st October 2020 by Gary Stringer

We recently secured a retrospective planning permission for a client who had started to build a porch structure around the front door of their Class Q barn conversion. The converted building was formerly a piggery before the landowner approached us to submit a successful Prior Notification Application under Permitted Development Rights legislation. During the design process, great care was taken to ensure the agricultural character of the building was preserved. This was achieved by utilising the existing openings on the structure for windows and doors, and we proposed the converted building be clad in timber to soften its appearance in the landscape.

Permission was duly granted and the works carried out within the 3 year timeframe required by the legislation. However an issue arose when a member of the Local Authority’s Enforcement Team became aware that the landowner had begun to erect a porch structure around the front entrance of the property. For many domestic properties similarly modest extensions would be permissible under the General Permitted Development (England) Order 2015. However, the problem in this particular situation was two-fold. Firstly, extensions to the primary elevation of a dwellinghouse are not permitted by virtue of Schedule 2, Part 1, Class A.1 (e). Secondly, the legislation is clear that any former agricultural building that is converted under the provision of Class Q does not benefit from Permitted Development Rights.

To remedy the situation, we produced a full planning application to gain retrospective permission for the extension. Our argument focused on how the porch was acceptable from a design perspective, in so far as it was subservient to the original dwelling in size and scale, and that the use of the same timber cladding would tie the porch in visual with the rest of the site. We also highlighted the functional need of the space. The landowner is still involved in the agriculture business and needed the porch as a “boot-room” space where they could easily get in and out of muddy boots and clothes. We successfully explained that the extension was compliant with the requirements of the Authority’s countryside and landscape protection policies. We also took the opportunity to apply for an extension to the dwellings domestic curtilage, which is also restricted under Class Q, which now means the landowner can enjoy the area of land which encompasses their building more freely than the legislation permits.

Sometimes people undertake building work or they use land in a different way without applying for planning permission when they should.

The planning system is complex and mistakes happen. We are always willing to provide help and advice, and are able to provide an initial consultation without charge. Please contact us if you have a project or property you would like to discuss.

Mining the potential- replacement agricultural dwelling

30th November 202215th September 2020 by Gary Stringer

We have just secured planning permission for a replacement agricultural workers dwelling for a farm in Buckland Hollow in Ambergate, Derbyshire.

Our client had specific design features they needed incorporated in order for the new dwelling to practically integrate with the farming operation, including a large boot-room with the capability to wash the sheep-dogs before entering the house. We were able to secure a larger house than had previously been on the site by using Permitted Development Rights to strengthen our argument to the Local Authority, Amber Valley Borough Council.

The difficulty for the project came following the Coal Authority’s concern about the possibility of shallow mine workings that had been flagged by the coal mining assessment. We entered into a difficult period of negotiation with the Coal Authority, who wanted us to conduct some invasive drilling through the centre of the footprint of the proposed dwelling. The issue from our perspective was that we could not demolish the current structure until we had secured permission to build the replacement. Demolition of the building without the confirmation of the replacement was an unacceptable risk to the applicant. We were able to successfully negotiate with both the Coal and Planning Authorities to secure permission that allowed for the demolition of the building but contained conditions that required the invasive drilling to be carried out before the property could be built. This was a positive outcome for both the Coal Authority and for our client.

Obtaining planning permission can provide you with that dream home in the countryside or maybe the way of life you have always dreamt of.

It can also bring about significant gains and help to maximise the value of your rural property. However, development in the countryside is subject to strict planning controls which can make obtaining planning permission very difficult. We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including agricultural dwellings and occupancy conditions, farm diversification schemes and Class Q barn conversions. Please don’t hesitate to contact us for a no obligation consultation to discuss your particular building or project.

Rory Bradford, Planner, Planning & Design Practice Ltd

Farming diversification for the new decade

10th March 2020 by Gary Stringer

The National Farmers Union (NFU) have recently published their 2020 Farming Diversification Report and with the start of a new decade, a number of factors have made the opportunity for diversification more attractive.

The UK’s departure from the EU will result in the progressive withdrawal of CAP subsidies and the introduction of the ‘ELMS’ Environmental Land Management Scheme. This is intended to divert payments to land where the quality of environment is enhanced, for example increased biodiversity, water and soil quality or protection of historic environments.

The rise in popularity of ‘Wellness Tourism’ also provides an opportunity for diversification, as those in towns and cities turn to open countryside retreats. We recently obtained Listed Building Consent for the conversion of a Grade II listed farmstead in Longford to six holiday letting units.

The introduction of Class Q Permitted Development Rights also allow for the conversion of modern agricultural buildings. This can allow a diversified stream of income, reducing the reliance on farming activity. We have been involved in many successful Class Q conversions.

Class Q Conversion of a Steel Barn, Burton-on-Trent

Planning & Design have worked on numerous diversification schemes, a prime example being Wakebridge Farm at Crich. The farm dates from the late 18th Century and is built on the site of the former Wakebridge Manor and chapel. The proposed redevelopment involves the establishment of a sheep dairy enterprise with associated creamery, hotel, restaurant and bar. We were delighted to obtain Planning and Listed Building Consent for the full redevelopment for the farm which is a prominent feature in the landscape of the Derwent Valley Mills World Heritage Site.

Proposed refurbishment of the barns at Wakebridge Farm, Crich

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including:
• Rural housing development
• Barn conversions (Both via a planning application and Class Q)
• Agricultural dwellings and occupancy conditions
• Agricultural buildings
• Equestrian development
• Farm Diversification schemes
• Tourist accommodation
• Certificates of Lawfulness
• Restoration of Listed Buildings
• Planning permission within the Derwent Valley Mills World Heritage Site

If you have any questions about a rural planning project please do not hesitate to get in touch.

Rural Barn Conversions – Class Q 2020 update

1st November 202110th March 2020 by Gary Stringer

Class Q, the right to convert agricultural buildings into dwellings as a matter of principle has been with us since 2014.

Permitted development is the right of an owner to develop his or her land within limits prescribed by the General Permitted Development Order. The point of the order was originally to allow minor development to go ahead without having to go through the planning application process. For example small extensions to houses and simple changes of use i.e. changing a pub to a restaurant or a bank to a shop.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended permitted development rights to include the right to change agricultural buildings to dwellings. This was originally proposed as a temporary measure but has since been made permanent.

To use these rights an application has to be made to the Local Planning authority to confirm that the development proposed fits within the limits set out in the General Permitted Development Order. This requires an application, a set of drawings and either a supporting letter or report.

Converting an enclosed modern shed in the middle of the countryside to up to 5 dwellings generally does not accord with Local Plan policies and as such is met with opposition in many councils. As such, in most cases an application is carefully scrutinised to make sure it fits the criteria.

Since the permitted development right was introduced there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. The two key ones address ‘what amounts to conversion’ and ‘establishing a fallback position’.

The question of whether a development is conversion or not was considered at length. The high court judge held that there is a conceptual difference between a “rebuild” and a “conversion” and that the concept of “conversion” introduces a discrete threshold. His reasons include the fact that the concept of conversion is found in the overarching provisions of Class Q. In this case the judge considered it inappropriate to look to the dictionary when seeking to define the distinction as the permitted development rights were drafted for a professional audience and the distinction should be understood in a planning context.

The result of the appeal is a test of whether or not the building operations amount to conversion or ‘fresh build’. Unfortunately, this is considered on a case by case basis and there is no set rule on how to define ‘fresh build’. Whilst this has introduced an additional consideration for many authorities (who weren’t previously giving the question too much attention) it does in some ways clear up where the line is.

The other notable appeal decision has underlined the ability of Class Q to represent a ‘fallback position’. This simply means that the where a site can be developed through the exercise of Class Q permitted development rights then the planning authority must take this into consideration when dealing with an application for full planning permission. Whilst this seems logical it has not always been the case and in reality means that applicant are no longer entirely bound by the stringent rules that surround Class Q development (such as works that extend the external envelope not being permitted).

If a Class Q prior notification application is approved the applicant has three years to complete the conversion. With a planning permission the applicant has 3 years in which to start the conversion and once started can take as long as it takes to complete it. A full planning application would assist overcoming this strict and very tight build schedule.

Class Q continues to be a complicated and thorny issue with many Planning Authorities. If you are looking to convert a rural building please call us. We provide a free half hour consultation and can help you make the right decision.

Class Q Barn Conversion Prior Approval Secured in North-East Derbyshire

23rd February 202214th January 2020 by Gary Stringer

Planning & Design Practice Ltd recently secured prior approval under Class Q of Permitted Development for a barn conversion in North-East Derbyshire. The barn was in a structurally sound condition, and no longer in regular use for farming, so was in an ideal position to be converted into an impressive modern home.

We were approached by the client to prepare designs for the conversion as well as to deal with the entire application process on their behalf, to ensure the best chance of success. Our client provided us with a variety of examples that had inspired them to embark on the project, so the architectural team at Planning & Design Practice made sure to incorporate as many of them as possible into the final scheme design. This final design made best use of the existing openings and also provided additional windows where necessary, resulting in a characterful modern barn conversion scheme that retains the agricultural theme of the original building.

During the planning process we encountered a couple of minor complications, the first in relation to a second farm building that is right next to the main barn on the site: the client wanted to use this for ancillary domestic uses such as garaging for vehicles, but the change of use of the second building did not fall within the remit of the permitted development legislation and so could not be dealt with within the one application.

The LPA also stated concerns over the total amount of building operations that were proposed to the main building as part of its residential conversion, relying on a recent appeal decision in their area.

This resulted in a refusal of the first application at the latest possible moment in the decision making process.

However a prompt resubmission of the application for the conversion of the first barn only, with additional information and clarification, along with references to other relevant appeal decisions, eventually resulted in the desired outcome for our client and the council granted prior approval in December 2019.

On receiving the news of the success, our client said:

“Brilliant!! Thank you for your perseverance! Can’t wait to get started! The champagne is going in the fridge now 😃”

The client also sent us a few old photos of the barn when it was built by her father in the late 1980s.

A separate planning application was submitted for change of use of the second barn to garaging and ancillary domestic uses in relation to the approved barn conversion, which was approved in January 2020.

We are delighted to have worked with our clients from the very outset on this project, which will enable them to create their dream home.

If you have a barn conversion project that you are struggling with or don’t know where to start, please get in touch with us and we will be happy to advise you further.

Project Team: Dominic Cooney & Daryl Sanders

Surveyors RECAP 2019

9th October 201918th September 2019 by Gary Stringer

On Monday 16 September Jonathan Jenkin, Managing Director of Planning & Design addressed the 90 plus strong audience at Surveyors RECAP 2019, part of a series of seminars providing an invaluable CPD (Continuing Professional Development) update for rural practitioners and surveyors.

A non-profit making company, the aim of Surveyors RECAP Ltd is to broaden the knowledge of fellow rural professionals. The annual series of evening seminars they organise provide an important opportunity to explore the most pertinent rural topics facing the industry. A series of five consecutive Monday evenings which can be attended individually, or as a series, full attendance can give 15 hours or more CPD / Lifelong Learning as well as providing an excellent networking opportunity.

Hosted at the Roman Way Hotel in Cannock, Staffordshire and now in into its 34th year, this ever popular series updates rural surveyors and practitioners of all experiences, welcoming members of the Royal Institution of Chartered Surveyors (RICS), the Central Association of Agricultural Valuers (CAAV) as well as farmers, lawyers, accountants, farm secretaries and other rural practitioners.

With vast experience of working on rural projects for homeowners, landowners and farmers in rural areas Planning & Design are perfectly positioned to address the audience. Under a general title of “Recent Changes to Planning Policy Affecting Development in the Rural Environment”, Jonathan updated the audience on changes in Permitted Development including changes of use to Class Q, which allows Change of Use and conversion of agricultural buildings to dwellings and Class R, which allows Change of Use from agriculture to a flexible business use. In addition Jonathan looked at ways of delivering a net gain for biodiversity, and possible changes in legislation due to the escalating climate crisis.

Speaking about his participation in the event Jonathan said:

“As a company we regularly run a series of seminars for architects, surveyors and agents, setting out changes in planning policies and new Government guidance. RECAP is a CPD event for young surveyors and with an audience of almost 100 young professionals it is always an enjoyable event, where I get the chance to run through real life examples, and they get the chance to challenge me.”

More information on Surveyor RECAP’s 2019 event programme can be found HERE

To find out more about how Planning & Design can help you achieve success with your rural development project, please don’t hesitate to get in touch.

Download Jonathan’s Surveyor RECAP presentation here Download

Class Q appeal in Staffordshire Moorlands establishes that modern agricultural building conversion is acceptable

12th December 20225th December 2018 by Gary Stringer

Planning & Design Practice have recently won an appeal against refusal of Prior Approval by Staffordshire Moorlands District Council, in relation to a barn conversion under Class Q of Permitted Development.

This permission was hard won, involving 2 applications for prior approval and several re-designs of the scheme, along with the appeal against the second refusal, as well as providing comments in relation to the updated NPPF (July 2018) during the appeal process. Several members of the team were involved in the whole project, eventually achieving the result our clients were after by gaining approval from the Secretary of State’s appointed Inspector.

The Council has a reputation for strongly resisting applications under Class Q, when the building in question is of modern construction, as opposed to more historical barns that are built from brick or stone. However the permitted development legislation makes no distinction in this respect.

Indeed, it could be argued that Class Q has been enacted to facilitate the conversion of modern agricultural buildings, given that a normal planning permission for change of use is still an available route for applicants with traditional buildings.

Key points from the Inspector’s report that found favour with our arguments and evidence included; that the building is structurally capable of conversion; that none of the proposed works would fall outside of those building operations permitted, that they would be reasonably necessary for the building to function as a dwelling; and that the replacement of the roof materials, provided they are not structural elements, would fall within the scope of works permissible.

Other more general comments of note by the Inspector include:

“The nature of agricultural buildings will invariably mean that they will not have all of the necessary elements of a residential dwelling, or have them to the necessary standard or condition, hence the provisions of paragraph Q.1.(i).”

On the matter of the number of windows in the proposed scheme:

“I do not share the Council’s view that the number of windows proposed is excessive or unnecessary.”

In relation to the Council’s criticism of a ‘domestic’ appearance of the scheme:

“The very nature of a change from an agricultural building to a dwelling will invariably introduce a more domestic appearance in the form of windows and doors.”

In response to the Council’s criticism of full height windows:

“The full height form of the windows would not be uncharacteristic in my view, given the size of openings commonly found on agricultural buildings.”

The most interesting comment from the Inspector however, in my opinion, draws a line once and for all under Staffordshire Moorlands District Council’s “resistance in principle” to the conversion of modern agricultural buildings:

“…the permitted development right under Class Q, which as its starting point, grants permission for agricultural buildings to be converted to dwellings, andit must therefore be the government’s intention that, in principle, such buildings can remain in the landscape and serve a new function as dwellings.”

This appeal decision sets a clear precedent for the acceptability of conversion of modern agricultural buildings under permitted development, and there are many sections of this appeal decision that we will refer to in future. It is hoped that the Planning Officers at SMDC will take on board the Inspector’s reasoning and take a more pragmatic view of these types of applications in future.

If you are considering a barn conversion under Permitted Development Class Q or are currently experiencing difficulties with, or a refusal of, a submitted application, please get in touch with us at Planning & Design Practice for advice on 01332 347371 or email enquiries@planningdesign.co.uk.

Collaboration equals Class Q success

Appeal success means Derbyshire couple can stay in their dream self-build home

Livestock building approval for Derbyshire farm

A porch too far?

Mining the potential- replacement agricultural dwelling

Farming diversification for the new decade

Rural Barn Conversions – Class Q 2020 update

Class Q Barn Conversion Prior Approval Secured in North-East Derbyshire

Surveyors RECAP 2019

Class Q appeal in Staffordshire Moorlands establishes that modern agricultural building conversion is acceptable

Offices

Services

Useful Links

SUBSCRIBE TO OUR NEWSLETTER

GET IN TOUCH