Planning Consultancy:
Barn Conversions.
Changes to Permitted Development (PD) Rights introduced in early April 2014 have transformed the landscape for anyone wishing to undertake barn conversions in England (not applicable to the rest of the United Kingdom as it currently stands). Further amendments took effect on 6 April 2018, including the allowance of up to five new homes to be created from existing agricultural buildings rather than the previous maximum of three.
What has Changed?
As a result of the amendment, it will now be possible to convert existing agricultural buildings – barns for example – into homes without needing to expressly apply for planning permission, as had previously been the case. Permitted Development Rights allow homeowners to carry out building work to their homes without needing to apply for planning permission from their local authority and have traditionally been used to enable minor extensions, loft conversions and the creation of outbuildings to be carried out without the need for notification.
What are the Details?
The Barn Conversion clause comes about as part of a new Class – MB – into Part 3 of the Second Schedule of the General Permitted Development Order. This new class authorises change of use of a building and any land within its curtilage from use as an agricultural building to a use falling within Class C3 – dwellings. It also authorises building operations ‘reasonably’ necessary to convert the building to residential use.
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The site must have been used solely for agricultural use.
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The barn must have existed on by 20th March 2013 (no building new barns!). New barns can be built and converted into homes but must exist as solely agricultural buildings for at least 10 years.
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The total floorspace of your barn to be converted must be no more than 465m² – if the barn is bigger, you’ll only be able to convert to a maximum of 465m²*.
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The 465m² can be divided into five* separate dwellings.
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If the site is subject to an agricultural tenancy, landowners must have the express consent of their tenants.
*effective from 6 April 2018. Find out more about these changes to PD rules for agricultural buildings.
How Much Can You Rebuild?
Class MB permits reasonable building operations to convert a barn into a house, but only within the envelope of the existing structure. It permits partial demolition and rebuilding of the barn, but the extent of this allowance will probably be decided by case law. Most experts believe it unlikely that flimsy Dutch barns or glasshouses could be simply knocked down and replaced with a new house (even if it were to mimic the appearance of the existing) although this is something that will be established as homeowners and local authorities dispute the detail. However, significant improvement to the existing fabric, including new windows, even new walls as required, will be permitted under MB.
Are There any Exclusions?
Class MB – the barn conversion clause – doesn’t apply on any site within so-called Article 1(5) land, i.e. National Parks, Conservation Areas, etc.)
What do I Need to do Before I Convert my Barn?
As is increasingly the case with the more controversial elements of Permitted Development, Class MB is subject to what’s known as a Prior Notification procedure.
What is Prior Notification?
Prior notification came into force in 2013. Under this planning change, single-storey, rear residential extensions can be built up to 8m in depth (6m for a semi or terrace), provided that boundary neighbours are first informed or given ‘prior notification’. As long as there are no objections, or any objections received have no planning merit, then a Certificate of Lawful Development is issued. The 2013 changes also allowed for the change of use of buildings from office use (B1) to residential (C3).
Prior Notification Extended to Agricultural Buildings
In April 2014, the scope for prior notification was expanded to include Class Q. This allows for the change of use from agricultural buildings to ‘dwelling houses’, subject to certain conditions. In addition, the agricultural building must be capable of functioning as a dwelling house without serious structural changes (although some operations would be permitted).
An agricultural conversion can result in the creation of no more than five residential units, using up to a maximum of 465m3 of internal floorspace.*
Before starting, the converter must apply to the local authority to establish whether they will need to receive prior approval (!) for:
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transport
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noise impact
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contamination
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flood risk
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and ‘Whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to residential use.’
As you can see, this does give the local authority power to veto the development (although their decision must comply with the policies in the National Planning Policy Framework. In many ways, this makes the Prior Notification process within Permitted Development a planning application by another name.
It is still too early to gauge the impact of the Prior Notification clause; however, as barns are often in isolated rural areas, one can imagine the issues of sustainability being raised as a potential objection by local authorities.
Likewise, Prior Notification is also required for the local authority to decide whether they need to have prior approval on the design and external appearance of the building. Again, any decision must be met within the context of the NPPF, but it’s not too difficult to conclude that this is just another form of planning application. Under the Prior Notification procedure, the local authority does have the right to impose conditions on the development.
Case Sudy: Ground floor and two storey extensions to existing dwelling, demolition of existing triple garage and erection of new detached swimming pool enclosure - Wad Barn Berkswell Road Meriden Solihull CV7 7LB. Ref. No: PL/2021/02988/MINFHO | Status: Approved
En-Plan were approached by the owners of Wad Barn to extend and modernise the eixsting unit to allow for abtter appointed family home. As can be seen by the below the property has an extensive planning history:
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Ref. No: PL/2015/50846/MINFHO | Status: Approved
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Discharge condition No. 3 on planning application PL/2015/50846/MINFHO.
Ref. No: PL/2015/51857/DIS | Status: Approved
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Ground floor garden room extension.
Ref. No: PL/2016/01620/MINFHO | Status: Withdrawn
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Garden room extension and additional windows and increased door width to kitchen.
Ref. No: PL/2017/01475/MINFHO | Status: Approved
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Non-material amendment for window alterations on planning approval PL/2017/01475/MINFHO.
Ref. No: PL/2018/01404/NONMC | Status: Approved
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Discharge of condition 3 (materials) of PL/2017/01475/MINFHO
Ref. No: PL/2019/01909/DIS | Status: Approved.
En-Plan first looked at the context of the barn and its eixsting vernacular as most barns were constructed during the 18th century and the beginning of the 19th century, as farms within the Borough enjoyed a peak of prosperity brought about by the Enclosure Acts, the Industrial Revolution and the Napoleonic Wars. Consequently, many brick farmhouses, barns and other out buildings date from this era. The buildings were either newly built or were replacements for earlier timber-framed buildings, In some cases, the replacement buildings incorporated some of the timber framing components from the original house or barn.
Many farmhouses in Solihull are statutorily listed buildings - that is, they are included on a list prepared by the Secretary of State for Culture, the Media and Sport, which records those buildings throughout the country that have special architectural or historic interest. Their out buildings, by virtue of being within the curtilage or attached physically to the main building, are often effectively listed, too. Some individual out buildings or barns are listed in their own right. It is an offence to undertake any works to listed buildings, including their conversion, without first obtaining the consent of the local planning authority (Solihull Council).
Conversions to residential use will be considered carefully, although that may not be the most appropriate use, as with other proposed uses (conversion to offices or workshop units, for example). Each proposal for the conversion of a rural building will be assessed on its individual merits but there can be no guarantee of a planning consent for a conversion. There are critical planning considerations, in particular the extremely sensitive nature of the Green Belt, where many of these buildings are situated.
It is necessary to ensure that the original building keeps as much as possible of its original character after conversion. The form of the building springs from its original use in agriculture and is normally expressed in large expanses of uninterrupted tiled roof pitches and timber framing, or mass brickwork that has mellowed over time. These elements give such buildings their character and should be retained where possible.
The Council would look to the relevant criteria set out in Solihull Planning Policy Guidance Note no.2 on Green Belts on the general suitability of schemes within the Green Belt. Planning Policy Guidance (PPG), Note no.2 relate to Green Belts. Approximately 70% of Solihull's area lies within the confirmed Green Belt and this is also the location of the vast majority of its out buildings that might be candidates for conversion. PPG 2 states that the reuse of buildings inside a Green Belt is not inappropriate providing:-
• It does not have a material effect on the openness of the Green Belt.
• Strict control is exercised over extensions and any associated use of land surrounding the building.
• The buildings are of permanent and substantial construction.
• The form, bulk and general design of buildings is in keeping with their surroundings.
If a proposal for the re-use of a Green Belt building does not meet the criteria, or if there are other specific and convincing reasons for refusal, the local planning authority should not reject the application without considering whether the imposition of appropriate conditions could overcome the reasons of refusal. Buildings do not have to be redundant to be converted.
2. The merits of a particular rural building, its location in the landscape, its current condition, the potential for reuse and the quality of the proposed conversion are some of the considerations when a planning application is being decided. Every case will be treated on its merits, but the case for conversion will be assisted if it can be shown that the building falls within the criteria set out in PPG 7. This relates to the countryside, its environmental quality and economic and social development.
The re-use of existing rural buildings for commercial and industrial development, as well as for tourism, sport and recreation, play an important part in maintaining the vitality and viability of rural areas. It applies similar criteria to PPG 2 in determining whether such conversions are appropriate. It also states that residential conversions can have a minimal impact on the economy in rural areas, whilst business conversions may have a more positive one.
Residential conversions, however, can have a part to play in meeting housing needs. It goes on to suggest that local planning authorities consider allowing residential conversion only as a subordinate part of a business use. The PPG sets out in more derail guidance on the re-use and conversion of rural buildings. In Solihull in particular conversion of farm buildings to residential properties seems to be the most popular reuse of old far buildings, although other types of reuse have become more popular in recent times, especially conversion to offices. The Council would encourage applicants to consider firstly retaining old farm buildings in agricultural or related uses.
Please call me 07931 541 804 for a free no obligation consultation or email me on simon@en-plan.co.uk. I look forward to talking through any proposals you may have, and how our Planning Consultancy and Architectural Services cab work in harmony to deliver your project..
