Permitted development rights allow certain forms of development and changes of use to take place without the need for a full planning application. However, the rules are detailed and are regularly amended, with many rights subject to specific limitations, conditions and a requirement to obtain prior approval from the local planning authority.
Cheffins advises landowners, developers and businesses on whether a proposed development benefits from permitted development rights and we can prepare and manage prior approval applications on your behalf. Where permitted development is not available, we can advise on alternative routes to securing planning permission.
Permitted development rights
Permitted development rights are subject to conditions and limitations and in some cases, the permitted development right will require the local planning authority to approve certain matters (commonly referred to as “prior approval”).
Permitted development rights are subject to a range of conditions, limitations and exclusions. Additional restrictions can apply in locations such as Conservation Areas, National Landscapes, National Parks, the Broads and World Heritage Sites, and to listed buildings and land within their curtilage. Permitted development rights can also be restricted or removed by a condition on an existing planning permission or by an Article 4 Direction. It is therefore important to establish which rights apply to a particular property before proceeding with development.
Permitted development rights - change of use
Some changes of use of land and buildings can be made under permitted development. Examples of changes of use include:
Agricultural buildings to dwellings – Also known as Class Q barn conversions. Class Q allows qualifying agricultural buildings and certain former agricultural buildings to be converted to residential use, subject to detailed criteria and prior approval from the local planning authority. Up to 10 dwellings can be created, subject to a maximum cumulative floorspace of 1,000m² and a maximum of 150m² per dwelling. Where the site forms part of an established agricultural unit it must generally have formed part of that unit on 24 July 2023, or for at least 10 years where it became part of the unit after that date. In certain circumstances Class Q can also permit a single-storey rear extension of up to 4 metres.
Agricultural buildings to flexible commercial use – Also known as Class R: this permits qualifying agricultural buildings and land within their curtilage to change to a range of flexible uses, including Class E commercial, business and service uses, Class B8 storage and distribution, Class C1 hotels, outdoor sport and recreation, agricultural training and certain restricted industrial uses. The maximum cumulative floorspace that can change use under Class R within an established agricultural unit is 1,000m². The building must meet specified agricultural-use requirements and, depending on the amount of floorspace involved, notification or prior approval from the local planning authority will be required.
Commercial, business and service uses to dwellings – Also known as Class MA, this permits the change of use of qualifying buildings from Class E (commercial, business and service) to Class C3 residential use, subject to prior approval from the local planning authority. Class E covers a broad range of uses including shops, offices, restaurants and cafés, financial and professional services, gyms, nurseries, health services and certain light industrial uses. The building must generally have been in Class E, or one of the qualifying predecessor uses, for a continuous period of at least two years before the prior approval application is made.
Permitted development technical guidance
As mentioned above, there are various criteria to be met and limitations imposed by Permitted Development. Every Permitted Development is unique and we can provide advice and technical guidance on permitted development, prior approval and if needed, other planning routes.