Part Q

[Tom]

Hello all, we've had an offer accepted on some land and agricultural barns with a view to getting Part Q. From all the reading I've done it seems a bit of a minefield, with different planning departments interpreting the regs differently. From what I understand though, you are not allowed to structurally reinforce the barn as part of your proposed conversion i.e the barn has to be strong enough to be converted in the first place. One quick question (I'm sure there will be many more): if I was to strengthen with steels inside or reinforce floor slab or whatever and THEN apply for part Q, would that be acceptable? From what I see internal works don't need planning under section 55 of the 1990 act.

Any help gratefully received

Tom

[IanR]

Hi Tom

 

Doing the strengthening work prior to the Class Q Application could be considered as development under Agricultural PD and therefore start a 10 year count down before Class Q could be used, so be careful and take advice.

 

My personal view is that, as long as it didn't change the external appearance then it would not be considered as Agricultural PD, since internal works are not within the definition of "Development", ie. your Section 55 comment. But, your LPA may see it differently and the Inspectorate of an Appeal may agree with them. There are Appeal decisions in both directions so the situation is ambiguous.

 

It may be worth getting and reading Martin Goodall's book: Practical Guide to Change of Use. I believe it covers the subject with lots of case Law references. It came out too late for me, so I haven't read it, but wish it was around when I went through this minefield.

 

http://planninglawblog.blogspot.de/

 

Edited to add:

Quote

From what I understand though, you are not allowed to structurally reinforce the barn as part of your proposed conversion

 

I know this is in the guidance, but makes no sense since you will have to reinforce around new "permitted" doors and windows as well as numerous other areas that will be required to meet residential Building Regs. 

Edited November 30, 2017 by IanR

[Tom]

Thanks Ian. Martin Goodall's blog is actually where I've been gleaning most of my info. I'll wait and see if I get his book in my stocking in a few weeks...

[IanR]

On 11/29/2017 at 15:49, IanR said:

My personal view is that, as long as it didn't change the external appearance then it would not be considered as Agricultural PD, since internal works are not within the definition of "Development", ie. your Section 55 comment. But, your LPA may see it differently and the Inspectorate of an Appeal may agree with them. There are Appeal decisions in both directions so the situation is ambiguous.

 

For the benefit of future readers, "Internal Works" has finally been clarified within the Practical Planning Guidance from the Housing Ministry, under paragraph 105 (revised 22.02.2018).

(https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights):

 

Quote

Internal works are not generally development. For the building to function as a dwelling it may be appropriate to undertake internal structural works, including to allow for a floor, the insertion of a mezzanine or upper floors within the overall residential floor space permitted, or internal walls, which are not prohibited by Class Q.