Planning Extension To The Holiday Season

On 14 July 2020, the government published a statement encouraging local planning authorities to exercise their discretion in relation to planning conditions for caravan, campsites and holiday parks.

It sets out the approach local planning authorities should take to decision making for these businesses which were made temporarily vacant by Covid-19 business disruption. The statement also encourages local planning authorities not to undertake enforcement action which would unnecessarily restrict the ability of caravan, campsites and holiday parks to extend their open season.

The statement comes into effect on 14 July 2020 and will remain in place until 31 December 2022 unless superseded by a further statement.

All existing site licences and any conditions attached to them will remain in force. Local authorities could decide to alter any conditions attached to a licence to reflect any new planning requirements, but this will be subject to consultation with the owner who has a right of appeal against the decision.

The National Planning Policy Framework already emphasises that planning enforcement is a discretionary activity, and local planning authorities should act proportionately in responding to suspected breaches of planning control. Given the current situation, while local planning authorities must have regard to their legal obligations, they should not seek to undertake planning enforcement action which would unnecessarily restrict the ability of caravan, campsite and holiday parks to extend their open season.

For further information or assistance, please get in touch: e-mail: yvonne@daviesrural.co.uk or 07792761168.

Planning Success This Week

Davies Rural Property Consultants successfully gained planning consent from Cornwall Council this week on behalf of a client for a general purpose agricultural building for the storage of machinery and forage.

Planning Class Q Conversion of Agricultural Buildings To Residential - Avoiding The Pitfalls

Class Q conversions of agricultural buildings allow for conversion to residential use without the need for a full planning application. Any conversion under this type of application can provide residential permission for up to five homes in an agricultural building or converting and developing up to 465 square metres of floor space.

Although a full planning application is not required where a building is likely to fall within the Class Q criteria, a good deal of preparation goes into obtaining planning through this route. There are some key considerations and criteria that must be addressed:

• The building must be structurally sound and capable of conversion. There are tests and updated planning rules in relation to this which any building forming part of such an application must comply with. Essentially the building must be structurally capable of conversion to residential use. Internal works required as part of the conversion do not fall under this criteria.

• The building must have sufficient amenity space to make it suitable for use as a dwelling and the domestic curtilage must be no larger than twice the size of the existing building.

• The proposed conversion must fall within the footprint of the existing building and the proposal can not allow for any additional extensions to the building.

• The building must have been used for agriculture but its location must not be impractical or pose any health and safety issues for potential future residents of a dwelling. For example, a building located in the middle of a busy working farmyard would not be suitable from a planning as well as a practical perspective.

• Transport, noise and environmental factors such as contaminated land will also be key considerations which will need to be address as part of this type of application.

• Minor protrusions such as door steps, gutters, flues, window sills and cladding applied directly to the external walls are generally acceptable as part of this type of application.

• The responsibility is on the applicant to provide appropriate evidence to confirm the use of the building on the relevant date. It is recommended that statutory declarations, sworn statements, dated documents etc. are submitted with the Prior Notification Application to help support the applicant’s case should contrary evidence be provided by third parties.

• Class Q permitted development is not allowable on listed buildings or buildings located within the curtilage of another listed property. There are also a range of designated areas such AONB’s, where this type of permitted development is not allowed.

In some cases a planning application may be more appropriate and may be requested by the planning authority.

For assistance or advice in relation to Class Q Permitted Development applications, please get in touch: e-mail: yvonne@daviesrural.co.uk or phone: 07792761168.