With the General Election due to take place on 4 July and (at the time of writing) no manifestos published from any of the principal parties in Westminster, we look back at the policy reforms announced in 2023, particularly in terms of permitted development, and review what has changed and what has yet to be taken forward by the government.
Class MA and Class Q changes introduced
From 5 March 2024, commercial buildings under Use Class E, regardless of their size, could be converted to flats and houses in Use Class C3. The previous size threshold of 1,500sqm was abolished with effect from this date.
The government also removed the need for developers to prove that the building had been vacant for at least three months prior to the date an application is made to the local authority for its conversion, hence creating an opportunity to apply for change of use whilst still receiving rent from tenants in occupation during the planning phase of development.
From 21 May 2024, the government brought into force the opportunity for greater density of development in rural and countryside locations when converting agricultural buildings - Class Q prior approval. The new rules allow a doubling in the potential for new homes, from 5 dwellings to up to 10 dwellings, although the government’s imposition of a lower size threshold for each new home at 150sqm is intended to deliver smaller family homes (i.e. more 2-bedroom and 3-bedroom homes, which is where the government is focusing its local housing need in these areas), instead of big 4- or 5-bedroom homes
in the countryside.
The new rights under Class Q do include an additional opportunity to extend the ground floor to the rear by up to 4 metres (this has to be sought at the same time as applying for the conversion). However, the government has decided not to widen the application of Class Q to other countryside uses, such as livery, equestrian uses, storage or other rural uses. Therefore, it is important to be sure that the building to be converted has been in use for agricultural purposes and that the use of the land for this purpose has not been abandoned over time.
Along with the reforms to Class Q, the government also amended the permitted development rights to convert agricultural buildings to commercial uses, such as retail, outdoor sports and recreation, doubling the amount of floor space that could be changed under this PD right from 50sqm to 1,000sqm. Tolerances and limits in respect of new buildings on larger holdings (5ha or more) have been increased 50% from a 1,000sqm footprint to a 1,500sqm footprint, and on all other land the size of extensions allowed to existing buildings has been increased from 20% to 25%.
