How permitted development rights can help you avoid planning red tape

In the wake of Covid-19 and years of sluggish economic growth – compounded by significant wage increases, soaring energy costs and business rate pressures – rural businesses are now reassessing their options.

An option that rarely gathers attention is the use of permitted development (PD) rights through Class M/MA, which enables an agricultural building to be converted to residential. These rights are related to the much more widely understood Class Q.

Like Class Q rights, Class M/MA are contained in the Town and Country Planning (General Permitted Development) (England) Order 2015. Part 3 of Schedule 2 covers rights that make it easier for individuals to change the use of a property to a more appropriate sector, without having to go through the arduous full planning system.

Permitted development rights are a national grant of planning permission that were established to allow certain types of tightly defined development or changes of use – to be carried out without the need to apply for express full planning permission.

With all the costs, surveys, delays and frustrations that can only be too evident when seeking full planning permission. The limitations in-built in permitted development are essential in allowing this fast-track route to exist. This option helps remove some of the planning burden from both applicants and local councils. The primary aim of the specific conditions, limitations, and exceptions within permitted development rights is to control the impact of development and protect local amenity. Where a proposal could have a large impact, i.e. it doesn't strictly comply with the legal criteria, it has to go through the full planning avenue.

While planning is unnecessarily complicated and can comprise a medley of unfamiliar terms, it is worth exploring all the opportunities and this is the case for permitted development rights. Being able to fast-track development through the planning system can represent a fruitful way to increase profitability and business resilience.

This right allows commercial buildings to be converted (from Class E use) to residential use. If you are interested in utilising this right you should first check the criteria of the right to see whether it would work in your case. For example you cannot make use of this right where the building is listed or located in a National Park or National Landscape (formerly Area of Outstanding Natural Beauty).

In the application, the local planning authority will consider whether the proposal is suitable against the following criteria:

• Transport impact - in most cases safe access shouldn't be an issue where there's an established business
• Contamination risk - depending on the site's nature and history there may be a contamination risk that should be explored
• Flood risk - members should consider if the building is a flood risk and it may also be appropriate in certain rural areas to consider if the access route is at risk
• Noise impact - the dwelling may fall within a commercial yard and it may not be appropriate for a new building to be established. There may be cases where noise proofing can make the conversion acceptable
• Natural light - one of the biggest limitations is to ensure that enough natural daylight makes it to all habitable rooms (there is no legal definition but it covers rooms where people will spend significant time such as a bedroom, kitchen and living room)

A further right that has been previously explored, but appears to be of limited use in a rural context given some of the criteria, is Class ZA. Discover more about this here.

Any prospective change of use should be assessed within the wider business plan. For those without a formal plan, it is recommended that one is produced to help guide and improve business performance. If any assistance or templates are required, CLA members can contact their local CLA office.

For family businesses, it is worth considering the capital tax position. If the property in question will see an increase in value, following the conversion to residential, it may be worth considering whether transferring the property may be appropriate.