New Permitted Development Rights
Monday, 10th March 2014
Nick Boles in a ministerial statement has revealed that National Parks, Areas of Outstanding Natural Beauty and Conservation areas will be exempt from the pending barn to residential permitted development rights. Rural Solutions has for a long time lobbied the Government for the simplification and relaxation of procedures governing the change of use of agricultural buildings to residential use and welcomes the imminent changes.
Duncan Hartley, director of Planning, at Rural Solutions comments:
“At last the Government has hit upon a simple planning initiative that should bring tangible benefits in immediately enhancing the necessary supply of housing in rural areas. The approach of many planning authorities in our recent experience has seen the continued use of the old and extinguished guidance at the Planning Policy Statements when addressing conversions of agricultural buildings. These new permitted development rights are important in establishing the principle of acceptance of residential conversions and therefore not requiring prior marketing of such property for commercial use. This is a great step forward.”
In commenting on the potential procedures Duncan Hartley continues: “At present we know the remit of the permitted development in allowing up to 450 sqm, a very sizeable area, of agricultural buildings on a farm to provide a maximum of three houses on that holding.”
The start date for the new permitted rights is likely to be the 6th April 2014. Rural Solutions has requested early guidance from the Department for Communities and Local Government on how the new process will be managed; these details will not be known until later this week. Although we do not yet know the full details we think the new statutory instrument will mirror much of the content of the Government’s consultation document of last year ie:
· A prior approval system will be applied;
· In using the new permitted rights it is likely the farm will have to trade its agricultural permitted development rights;
· The control on quantum of floor space per farm holding will have to be managed by the planning authority.
On the new regulations Duncan Hartley continues: “It is our view that the new regime is unlikely to go as far as allowing demolition or replacement of an agricultural building for a new build house in its place. The new system is going to be simpler but property owners may well still need to seek expert advice on their implementation”.
The new National Planning Policy Guidance, released last week, provides for some very helpful commentary on the implementation of the National Planning Policy Framework. Rural Solutions is very supportive of the guidance offered on Rural Housing where there is further support for new residential development in rural areas:
“…… all settlements can play a role in delivering sustainable development in rural areas – and so blanket policies restricting housing development in some settlements and preventing other settlements from expanding should be avoided unless their use can be supported by robust evidence.”
Duncan Hartley, supports the policy shift in the NPPF and welcomes the new guidance document:
“The new direction provides the necessary support to the Government’s objective to secure and enhance the vitality of all rural communities, not just the key service centres that most planning authorities appear to focus on in their development plans.”
Rural Solutions is hosting a seminar with Longmores (Solicitors), Weldon Beesly (Chartered Surveyors), Hardcastle-Burton (Tax Advisors) and Handelsbanken on 20th March 2014 at Hatfield House. The key speaker is Steve Quartermain, the Government’s Chief Planner, who will be presenting on the Government’s new objectives for the delivery of the Planning system. Please contact trish@longmores-solicitors.co.uk for details if you wish to attend this complimentary event.
Ends