The Government has released the results of the public consultation exercise and the legislation.  The new permitted development rights will allow for the conversion of certain agricultural buildings using permitted development rights (up to 450 square metres and 3 dwellings), but there are some ‘strings’ attached.

Some initial headlines:

• The legislation will not allow for demolition and rebuild,
• The permitted development rights will be subject to a Prior Approval procedure that will allow Councils to consider the following for the change of use element:
  1. transport and highways impacts of the development,
  2. noise impacts of the development,
  3. contamination risks on the site,
  4. flooding risks on the site, or
  5. whether the location or siting of the building makes it otherwise impractical or  undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order,

In our initial view, bullet point 5 appears to allow Councils to have a wide ranging remit to seek Prior Approval on these matters and then decide what they will in the usual way.

The legislation also makes it permitted development to replace or insert new windows, doors, roofs, or exterior walls, as well as install water, drainage, electricity, gas or other services.  However, this is subject to a separate Prior Approval application where the Council can seek details on design and external appearance.

The legislation comes into force on 6 April 2014 with some exceptions:

• Listed buildings, AONBs, Conservation Areas, National Parks, SSSIs, scheduled ancient monuments, safety hazard areas, military explosives area
• Barns constructed in the last 10 years (or, if you have utilised any agricultural permitted development rights in the last 10 years)
• Barns not in agricultural use on 20 March 2013
• Situations where the culmulative floor space is larger than 450 square metres
• The barn is occupied by a tenant unless agreement is reached between landlord and tenant
• Building operations that extend beyond the limit of the existing building

The above list is for a guide only and is not necessarily exhaustive at this early stage.  Please contact us for further information.

The legislation also allows for the conversion of shops to dwellinghouses and it would appear that the legislation also includes some amendments to householder permitted development rights.  We are still working on what the changes will mean for these two areas.  Watch this space.