BM Rural Outlook - Flipbook - Page 25
22 | Rural Outlook Issue 21
Planning & Development | 23
building was truly agricultural,” Hannah
explained. “This is often the case for
equestrian buildings as they do not fall
under agricultural use if the horses are
kept for recreational purposes.”
Help for hospitality
Know your (permitted
development) rights
New permitted development rights (PDRs) are set
to provide opportunities for owners of retail and
commercial businesses to take advantage of the need
for new housing across the South East.
PDRs are hugely beneficial rights that
are not always understood by property
owners but which can unlock potential
opportunities without the cost and
complexity of a full planning application.
Under a new class of PDR taking effect
in August 2021, owners can change the
use of retail, leisure and commercial
premises to residential, breathing new
life into buildings that are no longer
earning their owners an appropriate
return. With the retail sector already
undergoing a radical review even before
the coronavirus pandemic struck, the
new rules could be welcome news.
Class MA has been introduced to help
deliver the new homes that are so badly
needed. Unlike other development sites,
there is no restriction on where it can be
used, which means PDR can be an option
for both urban and rural landowners.
Under PDR rules, landowners can carry
out certain forms of development as
long as they meet certain criteria. They
don’t need full planning permission, but
as Hannah McLaughlin, senior planner
at Batcheller Monkhouse’s Pulborough
office pointed out, more substantial
works do require the local authority to
be notified in advance.
“The owner still needs to demonstrate
that the change of use meets the
requirements of the legislation,” she
explained. “As an example, to benefit
from the new Class MA regulations the
building needs to be less than 1,500
square metres and have been in use for
at least two months and empty for the
previous three.
“There are other restrictions that
have to be met, so while going down
the PDR route avoids the lengthier
planning approval process, it still pays
to take advice.”
Not all good news
While Class MA supports the
Government’s ambition to boost the
supply of homes, there are some
strategic downsides to extending PDR.
“From a planning point of a view there is
a danger that it could lead to a piecemeal
approach to developing town centres,
with odd buildings being converted to
homes that are then surrounded by
commercial uses,” said Hannah. “The
other social downside is that while it is
more profitable for the owner, this kind of
permitted development doesn’t require a
contribution towards affordable housing.”
The new PDR rules include a number of
changes designed to help the hospitality
industry cope with the effects of
Covid-19, including easing restrictions
around the provision of outdoor seating.
The Government has also doubled the
permitted time for temporary uses and
structures from 28 days a year to 56,
allowing uses like glamping, ‘pop-up’
camp sites, markets and car boot sales
to operate for twice as long, with no need
to apply for approval.
There are uses that temporary rights do
not cover, such as caravan sites, clay
pigeon shooting and war gaming, but
for those areas that are covered it gives
the owner an opportunity not just to
double their income but to demonstrate
the success of the venture if they are
considering seeking permanent consent.
“Recent changes to the PDR legislation
have created a number of new
opportunities for landowners, but it’s
important to remember that there are
still rules to be followed and Batcheller
Monkhouse can help applicants get it
right first time,” said Hannah.
Another beneficial change for the
owners of light industrial units is the
introduction of Class ZA, which last
year replaced a former PDR allowing
the conversion of such buildings to
residential use.
“The important change introduced by
Class ZA is that the owner can now
demolish the unit and replace it with an
entirely new, well-designed residential
building, rather than having to convert
something that wasn’t ever intended to
be used as a home,” Hannah explained.
“As you might expect, the replacement
building must meet an extensive list
of requirements, so it is important that
owners take advice on what’s possible
while staying within the rules. Crucially,
the building must have been vacant for six
months before an application is made.”
As well as Classes MA and ZA, which
potentially provide the biggest new
opportunity to deliver new homes,
farmers can still take advantage of
Class Q rights, covering agricultural to
residential use. Other rights available
under Class R deal with converting
agricultural buildings to commercial
uses such as farm shops.
Crucially, farmers must be able to
demonstrate that the building is suitable
for conversion and was in an agricultural
use in July 2012 for Class R and March
2013 for Class Q. “Some applications fail
because the council is not convinced the
Glamping will benefit from the extended permitted time for temporary structures
Converting agricultural buildings to commercial uses has become easier