Is Class Q a postcode lottery?
Introduced in 2014, Class Q is the right to change the use of agricultural buildings to residential, without the need for planning permission. Within the Town and Country Planning legislation there exists the General Permitted Development Order (GDPO) which sets out what development can take place without planning consent.
A national (England) legislation, there are a number of criteria that the building and holding where it is sited needs to comply with, but in theory, if it does comply then there are permitted rights to undertake that development.
It all sounds simple but the sting is that there is a ‘prior approval notification’ that needs to be submitted, setting out and submitting to the local planning authority why and how the proposal meets the criteria. Some of the criteria are black and white – ie is it in an AONB? If so then you can’t do it. Other criteria are however subjective, and here in lies the problem. The Councils are subjectively deciding on these cases, in some instances with completely different outcomes – the issue of structural suitability and capability of conversion, being the main issue.
Hannah Moule from The Rural Planning Co noticed one of her local planning authorities was consistently refusing applications, which she was confident would have been approved in a neighbouring authority. So she went in search of the facts.
“The problem is that most planning officers do not have experience in building, so are not qualified to decide what is structurally capable of being converted to a dwelling. Most applicants submit (or should submit) comprehensive structural reports and something like a construction method statement to demonstrate how the conversion will take place.
The frustration is that some planning officers appear to ignore these professionally prepared applications and ‘just decide’ its not suitable.”
Whilst Hannah’s team work throughout the UK, two of their local authorities demonstrate this difference perfectly.
The national average pass rate in England for the twelve months ending September 2022, was 65%. “Wychavon District Council in central Worcestershire are brilliant to work with on Class Q’s” Hannah says. “In the same period Wychavon passed 89% of applications a total of 31 out of 39. However neighbouring Malvern Hills DC, had a shockingly low rate of just 27%.”
We are having to tell all of our Malvern Hills clients that by default, we are likely to have to go to appeal on Class Q’s That adds at least 6 months and quite a lot more cost. Its highly frustrating. Hannah has written to the Chief Executive of Malvern Hills but awaits a response.
Other winners and losers in the Class Q postcode lottery:
Winners
- Colchester 100% (9 applications)
- East Cambridgeshire 100% (9 applications)
- North Devon 95% (38 applications)
- Braintree 92% (13 applications)
- Torridge 89% (37 applications)
Losers
- East Suffolk 25% (8 applications)
- Staffordshire Moorlands 33% (6 applications)
- Malvern Hills 27% (26 applications)
- Bedford 25% (20 applications)
- Cheshire East 38% (24 applications)
Contact The Rural Planning Co for information on Class Q planning application success in your area.
Tel: 01299 667344
