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  • Refurbish/Develop

    Class q agricultural to residential

    Neighbour has recently gained permitted development for 4 barns to convert to houses.

    I’m about to submit a scheme for 3 conversions also under permitted development.

    The layout is less than ideal and I’m looking for someone who may be able to help me to persuade the planners to demolish all the barns and start afresh with a better layout.

    I’ve heard this may  be possible under sustainability grounds however I’m unsure of the detail.

    If anyone can advise / has experience with this I would be more than grateful.

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    This is a complicated area and I would advise speaking to a planning consultant (MRTPI) who has experience in class q applications. Do not use an architect for the application unless they have very detailed planning experience (most do not, but think they do. The intricacies of planning strategy and development policy is not their forte).

    You may be best ensuring you crystalise the permitted development rights first on the existing buildings and then doing a second application for new build residential to replace the them. You need to weigh up cost- benefit of going further than just securing the PD rights. 

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    Rural Practice Chartered Surveyor. Experienced in estate management, residential investments, planning and development and rights for utility apparatus. All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    It’s not complicated at all. It’s all layer down in case law.

    I have done some. FYI I am not RTPI either ?.

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    It’s not complicated. It’s called using a fallback position.

    I have just successfully completed one for a client.

    its established by case law.

    Drop me an email and I will give you some advise.

    jerrystine7@btooenworld.com

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    The permitted development rights and qualifying criteria are all in statute, not case law, just to be clear on this.

    There is recent case law that has clarified the extent that the legislation can be applied. Even portal framed buildings may be converted in some instances.

    You need to ensure you have the right strategy as your goal is new build, not building conversions as the layout is poor.

    Get good advice, especially as you are probably talking about large six figure (or greater) gains. It will pay for itself!

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    Rural Practice Chartered Surveyor. Experienced in estate management, residential investments, planning and development and rights for utility apparatus. All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    Jon,

    Just a humble piece of advice: do not assume you can get the demolish/rebuild on the sustainability/fallback position ground for Class Q. The planners can no doubt give you a prior approval but when it comes to approving a follow on/full app to demolish/rebuild, they might say: well, you told us you can convert these barns into resi as it is (prior approval), so can you not then!? Well, if you can not then we cannot give you permission for "new build" dwellings.

    This is the feedback I got from an experienced architect/planner who does nearly 50 Class Q applications a year - when I spoke to him on a similar case. 


    Hope it helps.

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    Just shows that even experienced people can be wrong.

    The matter was clarified in the courts in the case of Mansell v Tonbridge & Malling Borough Council 2017.

    Have a look at the link below.

    https://www.buckles-law.co.uk/site/librar...sideration

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    If you havebats in yourbarn added costs could be significant


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