SCHEDULE 2Permitted development rights

PART 3Changes of use

F1Class Q — buildings on agricultural units and former agricultural buildings to dwellinghouses

Annotations:
Amendments (Textual)

Development not permittedQ1

Development is not permitted by Class Q if—

a

in the case of a site that is part of an established agricultural unit, the site was not part of the established agricultural unit—

i

on 24th July 2023, or

ii

where the site became part of the established agricultural unit after 24th July 2023, for a period of at least 10 years before the date development under Class Q begins,

b

in the case of a site that was (but is no longer) part of an established agricultural unit—

i

the site was part of an established agricultural unit on 24th July 2023,

ii

where the site ceased to be part of an established agricultural unit after 24th July 2023, the site has not been part of the established agricultural unit for a period of at least 10 years before the date development under Class Q begins, or

iii

since ceasing to be part of an established agricultural unit, the site has been used for any non-agricultural purpose,

c

the floor space of any dwellinghouse developed under Class Q having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeds 150 square metres,

d

the development under Class Q, together with any previous development under Class Q, within the original limits of an established agricultural unit (see paragraph Q.3(2) of this Part) would result in—

i

the cumulative number of separate dwellinghouses having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeding 10, or

ii

the cumulative floor space of dwellinghouses having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeding 1,000 square metres,

e

the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained,

f

less than 1 year before the date development begins—

i

an agricultural tenancy over the site has been terminated, and

ii

the termination was for the purpose of carrying out development under Class Q,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use,

g

development under Class A(a) or Class B(a) of Part 6 of this Schedule (agricultural buildings and operations) has been carried out on the established agricultural unit during the period which is 10 years before the date development under Class Q begins,

h

the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point, other than—

i

extension of the building allowed by paragraph Q.1(i);

ii

protrusions of up to 0.2 metres to accommodate building operations allowed by paragraph Q.1(j)(i),

i

the development under Class Q(b) would result in an extension that—

i

has more than one storey,

ii

is sited anywhere other than to the rear of the existing building,

iii

extends beyond the rear wall of the existing building by more than 4 metres,

iv

has eaves the height of which exceed the height of the eaves of the existing building,

v

is higher than whichever is the lower of—

aa

the highest part of the roof of the existing building, or

bb

a height of 4 metres above the ground,

vi

extends beyond a wall that forms a side or principal elevation of the existing building, or

vii

would be sited on land that, before the development under Class Q(b), is not covered by a hard surface that was provided on the land by virtue of any development, and—

aa

the hard surface was not provided on the land on or before 24th July 2023, or

bb

where the hard surface was provided on the land after 24th July 2023, the hard surface has not been situated on the land for a period of at least 10 years before the date development under Class Q(b) begins,

j

the development under Class Q(c) would consist of building operations other than—

i

the installation or replacement of—

aa

windows, doors, roofs, or exterior walls, or

bb

water, drainage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwellinghouse, and

ii

partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph Q.1(j)(i),

k

the site is on article 2(3) land,

l

the site is, or forms part of—

i

a site of special scientific interest;

ii

a safety hazard area;

iii

a military explosives storage area,

m

the site is, or contains, a scheduled monument,

n

the building is a listed building,

o

the existing building, excluding any proposed extension under Class Q(b) but including any proposed building operations under Class Q(c), would not be capable of complying with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015 as read with the notes dated 19th May 2016 which apply to it, or

p

the building does not have suitable existing access to a public highway.