Class R Planning Advice

[Ant3000]

I inherited some land which sits about 1.8km outside of the main built up area of the closest village (i.e. open countryside) however there are a number of properties that extend along the highway that leads to my land.

 

There is a dilapidated barn sited on the land which I recently achieved a Class R change of use (under 150m2) for flexible business use (i.e class E - Office ) along with associated operational development for the barn including an access roadway and parking for 6 vehicles.

 

It had been my intention to develop the barn as offices in the hope of ultimately achieving permitted development to residential using Class MA by taking advantage the current 2 year rolling period however, in the interim I figured I’d take a punt on an application for a live / work development which was in essence the same as the approved Class R in terms construction but with minor amends to the internal layout to accommodate a 86% to 14% live work split (this ratio has previously been approved by the LPA), however this has since been refused primarily based on a local policy restricting development in the open countryside’ -

 

Quote

“Development in the open countryside will be limited to that which has an essential need to be located outside of the existing built form of a settlement”.

 

The policy does continue to state that ‘in such instances’ development will be supported for “rural diversification projects” and “conversion of buildings” provided they are in “sound structural condition” and “suitable for conversion without substantial alteration”

 

NOTE: I should also mention that previous to my Class R approval I had applied for permission in principle for a self build residential development which was refused on appeal under the same ‘open countryside’ policy citing unsustainable location

 

With this in mind I’m now considering next steps and was hoping the group might be willing to offer some advice with the following -

 

If I were to pursue the Class MA permitted development

 

1. When does the Class R material change of use occur? The notification of change of use states Aug 2021 however as the barn remains undeveloped does the change of use not occur until the barn is developed and being used as offices? 

 

2. I understand that Class R to flexible business use is ‘Sui generis’ which includes Class E. If I were to develop the barn as offices (Class E) would permitted development under Class MA apply based on 2 year rolling period or does ‘Sui generis’ remain indefinitely (which would in turn require a full planning application and scupper any permitted development)

 

If I were to appeal the live / work refusal…

 

1. The live / work refusal uses local plan policy to restrict development however hasn’t the Class R and associated operational works already established development? Surely whether or not the resulting use meets an ‘essential need’ is no longer relevant? 

 

2. The policy supports ‘rural diversification’ and conversion of buildings’ and, whist I appreciate the building hasn’t yet been developed, does the associated operation works not provide for a fallback position as a development is a ‘real prospect’ - ‘Mansell v Tonbridge and Malling Borough Council’

 

NOTE; Whist the live / work contains a residential aspect it is in fact considered in planning terms as “Sui Generis” 

 

Many thanks in advance for your time

Edited December 18, 2021 by Ant3000

[ToughButterCup]

48 minutes ago, Ant3000 said:

...

however, in the interim I figured I’d take a punt on an application for a live / work development which was in essence the same as the approved Class R in terms construction

...

 

 

Your project appears, at this remove, to be complex. To me, that means you should consider appointing a local planning consultant. We are merely interested (not to say nosey) amateurs

Have you looked at Martin Goodhalls blog. Here's what he has to say about Class R

[IanR]

2 hours ago, Ant3000 said:

I recently achieved a Class R change of use (under 150m2) for flexible business use (i.e class E - Office ) along with associated operational development for the barn including an access roadway and parking for 6 vehicles.

 

I've never worked through a Class R, so am not aware of the intricacies, but, if the land and building met the requirements for a Class R change of use to to flexible business Use, does it not meet the requirements for a Class Q to C3 residential?

You've mentioned "dilapidated", perhaps Class Q has a higher bar for being structurally capable of conversion?

 

3 hours ago, Ant3000 said:

1. When does the Class R material change of use occur? The notification of change of use states Aug 2021 however as the barn remains undeveloped does the change of use not occur until the barn is developed and being used as offices? 

 

Once the development is capable of being  Used, within its new Usage category, the material change of Use occurs. But, that still allows a permitted (but not actioned) Change of Use to be taken in to consideration by the LPA when considering a subsequent Planning Application. ie. LPAs should consider an existing Approved Class Q as material, if a Full planning application is submitted for the site.