These new rights came into force on 30th May 2013 and allow an existing agricultural building (and any land within its curtilage) to change use to one of the following commercial uses potentially without requiring planning consent:
- Shops, Financial/Professional Services (e.g. building societies, employment agencies)
- Restaurants/Cafes (for sale of food and drink for consumption on the premises)
- B1 Business (Offices and Light Industrial appropriate in a residential area). B8 Business (Storage and Distribution, Hotels (including guest houses), Assembly and Leisure (e.g. cinemas, gymnasiums)
There are conditions:
- The building must have been in sole agricultural use and be used in connection with an agricultural trade or business as at 3rd July 2012 (there are further rules for buildings constructed after this date).
- It must not be a listed building or scheduled monument.
- The development is not permitted if use is changed of more than 500 sq. metres of floor space on the original agricultural unit under these permitted development rights.
There is a requirement to notify the planning authority of the changes in use for the following cumulative floor areas:
- Up to 150 sq. metres – the planning authority must be notified in writing of the proposed type of use and other details.
- Between 150 sq. metres and 500 sq. metres – a prior notification application must be submitted to the planning authority to allow them to consider matters such as highway and noise impacts etc.
The planning authority has 56 days to issue a decision, if they refuse the prior approval application the applicant can either appeal to the Planning Inspectorate or submit a full planning application.
Even when planning consent isn’t required for the change of use, any material alterations (e.g. physical alterations to the external appearance) will need planning permission.
The rules are very complex and it is essential to take professional advice to ensure that you comply.
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