JBB77

Good morning everyone, I have 2 unused agricultural buildings that have been used for domestic storage for the last 20+ years. I would like to rent these buildings out for storage. Assuming we could get a lawful development certificate awarded for domestic use, would the use class change if I rented these buildings out to other private individuals for their own domestic storage? I don’t understand if the buildings become commercial storage because I am renting them out, or if they would still be considered domestic, because they would be used to store domestic goods (private caravans, boats, cars, trailers, household storage etc just someone else’s) I have been given advice that they would become commercial if rented them out. But if I had a house that I decided to rent out, my understanding is that the use class remains as C3, so not sure how this is any different. Any advice would be greatly appreciated. Thanks - James.

Thank you all for the advice it is much appreciated. I have had a conversation with the previous owners and they grew veg to sell on local markets for 15/20 years or so as their only occupation. The smaller building of the two is a typical agricultural building with asbestos roof and sides, with an open front, so it looks very agricultural. In my mind it is fact so it’s just getting the Lpa to accept it. I will certainly take the advice of clearing it out prior to engaging with the council! I have checked Google earth and there is nothing that shows otherwise in my view. (One photo shows a small boat parked up) Maybe I should apply for the smaller building first which is under the 150m2 to test the water and not have the FRA etc to worry about.

The only evidence I am aware of would be: There was a complaint from a neighbour documented of a previous refusal that no agricultural/horticultural/commercial activity had taken place at the site for 20yrs. But it did not say what it had been used for. Old sales brochures have photographs of the buildings showing general clutter, but do show a tractor parked in the building. Would the onus be on me to prove that it was used agriculturally in the past of for them to prove it wasn’t? I could ask for statements from the previous owner but not sure I could get them to say it hadn’t been used for anything since the agricultural activity? Are there any other common ways you could prove it was used agriculturally?

Hi all, I’m hoping someone has experience or advice over the Class R permitted development rules that they would be able to share. I bought a property in May 2021 that has 2 outbuildings. One approx 500 sq ft and one approx 2000 sq ft. Both are not in great condition but still standing and mostly dry. The buildings and property are in west Lancs and are in greenbelt and flood zone 3 which is making development opportunities tricky. The buildings were used agriculturally up until the mid 90’s and then the agricultural activity stopped and they haven’t been used for much other than storing general domestic items (wheel barrows, lawn mower, tools etc) Class R states: R.1 Development is not permitted by Class R if— (a)the building was not used solely for an agricultural use as part of an established agricultural unit— (i)on 3rd July 2012; (ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use, or (iii)in the case of a building which was brought into use after 3rd July 2012, for a period of at least 10 years before the date development under Class R begins; Would anyone be able to shed any light on whether the LPA would accept this to qualify for class R? Or is there anything I can do to make it more favourable? Many thanks in advance.

Exactly! the previous owner paid the £2500 which was for a new compressor. I only found the invoice in the house when we moved in. Now the back up heater has gone which is £1500 to replace. The unit is a Daikin 14kw altherma monobloc. I completely agree regarding the cost hence my question about replacing the unit all together!

Hi AlexWK I haven’t proceeded yet, but will do in future. After researching many previous planning decisions in my LPA I found a scenario very similar to ours. The notes in the decision letter clearly said that the original dwelling was classed at the current dwelling (being the new house) therefore my LPA allowed the extension up to PD sizes. I have saved this as evidence for my future application! My local authority is west lancs but I would hope that all councils will treat it as the same. I see your post was from August, please let us know how you got on. thanks James

Hello all, I recently moved into a property that had an air source heat pump installed in 2012 for which the RHI scheme was used. My Ashp has had quite a large breakdown that I have been quoted £1500 to fix. In addition to this the compressor was replaced at £2500 only 6 months ago. My question is… can I (as the new owner of the property) apply for RHI for a replacement air source heat pump to the existing system? Financially I feel that a new heat pump might make sense but it would make the decision easier if it was covered under the RHI (or clean heat replacement next year) Any thoughts or opinions would be appreciated! James

Hi DevilDamo Thanks for the reply You are right, it is a property in the green belt. There was a 1000sq/ft pre 1948 house that was demolished in 2011 and a replacement 1500 sq/ft dwelling put in its place. It had its PD rights taken away when the replacement was built. My LPA will allow an increase 40% of the “original house.” In considering my application will they still refer back to the original dwelling that was knocked down, or is the 2011 replacement dwelling now classed as the original house ?

Hello, does anyone know how the LPAs will view a replacement dwelling if it was requested to extend it? Does the “original house” still refer back to the property that was demolished, or will the new house now be classed as the “original house?” I’m trying to gauge how much % increase I would be allowed and it all depends on the original house. Any advice on this would be much appreciated. thanks