Barn conversions under Part Q and the Planning System.

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Whats is Part Q?

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In the General Permitted Development Order (GPDO) in the United Kingdom, the conversion of agricultural buildings to residential use is regulated under Part 3, Class Q. This class allows for the change of use of certain agricultural buildings to dwellings, subject to specific conditions and limitations.

Key points of Class Q include:

1. Scope: Class Q applies to the conversion of agricultural buildings to residential use. This can include barns, agricultural storage buildings, and other similar structures.

2. Limitations: Not all agricultural buildings are eligible for conversion under Class Q. Certain criteria must be met, including the size and location of the building.

3. Design and External Alterations: While the internal layout can be changed, there are limitations on external alterations to the building. This is to ensure that the character of the original agricultural building is preserved as much as possible.

4. Number of Dwellings: Class Q typically allows for the creation of up to a certain number of dwellings within the converted building, often limited to a maximum of three.

5. Permitted Works: The GPDO specifies the types of works that are permitted under Class Q, including those necessary for the conversion such as installation of windows, doors, and roofs.

6. Notification Requirement: In some cases, prior approval from the local planning authority may be required before the conversion can proceed. This is to ensure that certain aspects of the development, such as transport and highways impacts, contamination risks, and flooding risks, are considered.

It's important to consult the specific language of the GPDO and any relevant local planning policies to understand the exact requirements and limitations for converting agricultural buildings under Class Q. Additionally, seeking advice from planning professionals or local planning authorities can provide further guidance on navigating the process.

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Making a planning application under Part Q of the General Permitted Development Order (GPDO) in the UK involves several steps. Here's a general guide on how to make a Part Q planning application:

1. Review Part Q Regulations: Familiarize yourself with the regulations outlined in Part Q of the GPDO. This includes understanding the eligibility criteria, limitations, and requirements for converting agricultural buildings to residential use.

2. Site Assessment: Evaluate the agricultural building you wish to convert and ensure it meets the criteria specified in Part Q. Consider factors such as the size and location of the building, its structural integrity, and its suitability for conversion to a dwelling.

3. Pre-Application Advice: Consider seeking pre-application advice from your local planning authority. This can help you understand any specific requirements or concerns they may have regarding your proposed conversion project.

4. Prepare Documentation: Gather all necessary documentation required for the planning application. This typically includes completed application forms, site plans, floor plans, elevations, and any other relevant supporting information.

5. Submit Application: Submit your planning application to the local planning authority. You can usually do this online through the planning portal or by submitting hard copies to the relevant planning department.

6. Pay Application Fees: Pay any required application fees associated with your planning application. The fee amount may vary depending on the scale and nature of your proposed development.

7. Wait for Decision: Once your application is submitted, the local planning authority will review it and make a decision within a specified timeframe. During this period, they may also consult with relevant stakeholders and conduct site visits if necessary.

8. Obtain Prior Approval: If your application is successful, you will receive prior approval from the local planning authority. This confirms that your proposed conversion project complies with the regulations set out in Part Q of the GPDO.

9. Commence Development: Once you have obtained prior approval, you can proceed with your conversion project in accordance with the approved plans and any conditions attached to the approval.

It's important to note that the process for making a Part Q planning application may vary slightly depending on the specific requirements of your local planning authority. Therefore, it's recommended to consult with them directly or seek professional advice to ensure your application is prepared and submitted correctly.

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Class Q –Possibilities and Pitfalls

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When converting a steel-framed structure like this, it is necessary, of course, to alter the external appearance of the building by introducing new walls, roofing, windows and doors, all of which are permitted so long as the original structure is strong enough to take the load of the conversion.

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“Despite the restrictions, Class Q regulations do allow for creative design and a healthy dose of modernity.”
However, applicants should be aware of the problems around "structure" have led to LPAs to require structural surveys to accompany applications. For some council's this requirement is triggered by the proposed insertion of a first floor. For others a structural report has to be submitted on each application.

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The Hibbitt case was referred to the High Court by the appellant. The building consisted of an open structure with a mono-pitch roof with flimsy steel sheet cladding on one and a half sides. The structure was held to be structurally sound and capable of taking the loading which would come from the external works to provide for residential use. The case went to the high court after the appellant was unhappy with his appeal decision. The inspector found that the extensive works required to make the building habitable were tantamount to a re-build or fresh build. The inspector’s decision was supported by the Secretary of State.

The high court judge held that there is a conceptual difference between a “rebuild” and a “conversion” and that the concept of “conversion” introduces a discrete threshold. His reasons include the fact that the concept of conversion is found in the overarching provisions of Class Q (i.e. not in Q.1). Further, he states that it is inappropriate to look to the dictionary when seeking to define the distinction as the Order was drafted for a professional audience and the distinction should be understood in a planning context.

This judgment will provide some encouragement to local planning authorities seeking to restrict the development of agricultural barns into dwelling-houses. Nevertheless, the distinction between a conversion and a rebuild is indefinite. The judge makes clear that the extent of the works is not decisive. In §34, he states, “In many permitted developments the work might be extensive yet that does not thereby disqualify a development from automatic permission.”

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In discussions with local Planning Managers councils are grappling with the amount of ‘new build’ which acceptable under Class Q. The implications of the Decision are that open sided barns, hay barns and the like cannot now be converted under Class Q. More enclosed barns (those with 3 or 4 sides enclosed) should be acceptable but conversion also means leaving more of the original building intact. This could mean retaining external steel sheeting and incorporating existing walling and roofing materials into the converted building. A traditional barn conversion has always meant using the building you have in broadly the un converted form – use of existing opening etc. Class Q will continue to give greater flexibility but the options have been reduced and early pre-application discussions will probably be needed unless further guidance is issued by the government or a council has determined exactly what can or cannot be converted.

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If the existing structure is not sufficeintly robust to take the additional load a conversio will place on the structure Under Section 55 of the Town and Country Planning Act 1990 building works for alteration, maintenance or improvement which are internal or do not materially affect the external appearance of a building are not development and cannot be controlled through planning. This allows for an enclosed agricultural building the possibility of strengthening the internal steel frame so that it is strong enough to take the loading which comes from the external works. These works to a weak structure would have to be undertaken first before a planning application is made and would be needed to set upoirself for success in the the planing sustem.

Using Class Q in practice

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Whenever we are planning a barn conversion, whether using Class Q or full planning, we liaise closely with the local authority throughout to gauge what they will find acceptable. In any case, it will be necessary to submit a ‘prior approval’ notification which deals with aspects such as external appearance, materials and flood risk, among other things.

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Refusal of a Class Q development can be made on the grounds of it being ‘impractical or undesirable’ so it’s important to show accessibility and impact on the landscape. Even seemingly small details such as a flue pipe can cause objections and delay, depending on how sympathetic the planning authority feels (or otherwise) towards Class Q developments.

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Future Changes?

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The Government’s Rural Planning Review, announced in 2016, is currently underway and is likely to impact Class Q permitted development rights. The review proposed changing Class Q to allow the conversion of up to 750sqm for a maximum of 5 new homes, each with a maximum floor space of 50sqm. Additionally, there may be an extension of the existing regulations to increase the conversion allowance from 450sqm to 465sqm for the creation of up to three homes.

Let EN-PLAN help you!

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If you are considering a barn conversion, please get in touch, we will be happy to talk in more detail about Class Q and planning permission issues which may affect your plans.

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