At the end of last week the government provided additional guidance to clarify the way in which the legislation regarding Permitted Development Rights (PDR) should be interpreted.

Since the introduction of the PDR in April 2014 it quickly transpired that rights were not being applied in the manner that had been expected, with some Planning Authorities refusing all applications due to supposed unsustainability and undesirability of the location.  This approach has been followed in a large number of appeals thus undermining the underlying reason for introducing the legislation.

The new guidance (contained in the National Planning Practice Guidance) confirms that the permitted development right does not include a test in relation to sustainability of location.  It also confirms that the rights were introduced in the knowledge that “many agricultural buildings will not be in village settlements and may not be able to rely on public transport for their daily needs”.

In considering whether the location and siting of the building would make it impractical or undesirable to change use to a house, a decision maker must only look at whether the location and siting would “not be sensible or realistic” or whether it would be “harmful or objectionable”. The fact that an agricultural building is in a location where the Local Planning Authority would not normally grant planning permission for a new dwelling is not a sufficient reason for refusing prior approval.

The guidance also contains clarification of the way in which decision makers should approach the issue of the maximum number of dwellings that can be converted.  Contrary to the belief of many decision makers, the government has now confirmed that the total number of new homes (3 dwelling houses) does not include existing residential properties.

Finally, the guidance clarifies the extent of the building works that would be permitted pursuant to the rights.  The legislation allows for building works which are reasonably necessary to convert the building to be carried out including works to windows, doors, roofs, exterior walls, water, drainage, electricity, gas or other services.  “Partial demolition” is also allowed.  

There has been considerable debate about the extent of works that are actually permitted by the right.  The guidance now confirms that “new structural elements” are not intended to be included.  Therefore, only buildings that are “structurally strong enough”  should be considered to benefit from the permitted development right.

This new guidance should be of considerable benefit to any landowners seeking to convert agricultural buildings to dwellings, allowing the Inspectors and Local Planning Authorities to apply a more ‘common sense’ approach to the process!
 

For more information please contact Clarke Willmott here