Advice over agricultural buildings and class R

[JBB77]

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.

 

 

[Tom]

If it was last used to store domestic stuff, then it's last use was not agricultural - so would not qualify. If you took all the stuff out now, would anyone know?

[IanR]

Agreed, officially the barns were not last used in Agriculture, but is there evidence of this for the LPA find? ie. have they been to the site previously for prior applications where are record of their use may have been made, or is it possible neighbours would be aware of this previous non-agricultural use?

 

So, if the barns were cleared and it as stated they were last used in Agriculture, could that be disputed?

 

Since you over the 150m² threshold the LPA will want a flood risk assessment for a Class R. Do you know if your are in an area defined as 3a or 3b?

 

 

[JBB77]

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?

[Tom]

From my experience locally, it seems like the onus would be on them to prove it wasn't. A statement from the previous owner saying it had been used for agriculture wouldn't hurt I guess. I think the only way to know for sure really would be to start the application process and address any issues as they come out of the woodwork. Just make sure you clear everything out now!

[Temp]

Remember they have access to Google Streetview and satellite  images.

[IanR]

1 hour ago, JBB77 said:

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?

 

Hopefully its previous use in agriculture is a matter of fact. ie. it was part of a working Farm, and not part of the residential curtilage of the Farmhouse. A statement of fact from the Farmer would help, and if you are concerned they would add additional unhelpful info, perhaps you could draft the letter for them, "to reduce the inconvenience to them", and ask them to sign. Obviously you need a conversation with them prior to agree what they are willing to confirm.

 

If there is any doubt that the buildings were part of a working Farm, the LPA will likely request proof of the "Agricultural Unit" (Farm number, old accounts, Accountants confirmation etc.) An "Agricultural Unit" had to once be a profitable business, able to sustain a farm worker, it's not enough to be a hobby farmer. They may also request this proof if it is not clear which Farm (Agricultural Unit) the building once formed part of. Its the Agricultural Unit that has the PD, not the buildings or the current owner, and as there is a restriction in the area that can be converted from one use to another the LPA need it to be clear which Agricultural Unit the Change of Use is being performed under.

 

Assuming it's clearly an Agricultural building that was once part of an Agricultural Unit, the LPA should accept this (unless they wish to be awkward). It would then be for them to find evidence that it has had some other non-Agricultural Use since the Agricultural Use ceased.

Edited January 13, 2023 by IanR

[JBB77]

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.