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Agricultural buildings to a flexible commercial use

Agricultural buildings to a flexible commercial use

Permitted Development

Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a flexible useโ€”

  • (a)falling within one of the following provisions of the Use Classes Orderโ€”
    • (i)Class B2 (general industrial) of Schedule 1;
    • (ii)Class B8 (storage or distribution) of Schedule1;
    • (iii)Class C1 (hotels) of Schedule 1;
    • (iv)Class E (commercial, business or service) of Schedule 2; or
    • (v)Class F.2(c) (outdoor sport or recreation) of Schedule 2; or
  • (b)for the provision of agricultural training.

Development Not Permitted

Development is not permitted by Class R ifโ€”

  • (a)the building was not used solely for an agricultural use as part of an established agricultural unitโ€”
    • (i)on 3rd July 2012;
    • (ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use, or
    • (iii)in the case of a building which was brought into use after 3rd July 2012, for a period of at least 10 years before the date development under Class R begins;
  • (b)the cumulative floor space of buildings which have changed use under Class R within an established agricultural unit exceeds 1,000 square metres;
  • (c)the site is, or forms part of, a military explosives storage area;
  • (d)the site is, or forms part of, a safety hazard area; or
  • (e)the building is a listed building or a scheduled monument.

Conditions

Development is permitted by Class R subject to the following conditionsโ€”

  • (a)a site which has changed use under Class R may, subject to paragraph R.3, subsequently change use to another use falling within one of the use classes comprising the flexible use;
  • (b)for the purposes of the Use Classes Order and this Order, after a site has changed use under Class R the site is to be treated as having a sui generis use;
  • (c)after a site has changed use under Class R, the planning permissions granted by Class E of Part 7 of this Schedule apply to the building, subject to the following modificationsโ€”
  • (d)where the site is to be used for general industrial purposes within Class B2, it must only be used for the processing ofโ€”

โ€”(1)ย Before changing the use of the site under Class R, and before any subsequent change of use to another use falling within one of the use classes comprising the flexible use, the developer mustโ€”E+W

  • (a)where the cumulative floor space of the building or buildings which have changed use under Class R within an established agricultural unit does not exceed 150 square metres, provide the following information to the local planning authorityโ€”
  • (b)where the cumulative floor space of the building or buildings which have changed use under Class R within an established agricultural unit exceeds 150 square metres, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as toโ€”

(2)ย Subject to sub-paragraph (3), development under Class R of the type described in paragraph R.3(1)(b) must begin within a period of 3 years starting with the prior approval date.

(3)ย Where, in relation to a particular development under Class R of the type described in paragraph R.3(1)(b), planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class R must begin within the period of 3 years starting with the date that planning permission is granted.

(4)ย For the purposes of sub-paragraph (3), โ€œassociated operational developmentโ€ means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class R.

Contact Us

Many forms of Permitted Development have conditions and a requirement for a Prior Approval application. Contact us to discuss your project.

James Regan

Joe Millson

MRICS