Class R – A Guide to Permitted Development in Rural Areas

Unlocking Value in Redundant Agricultural Buildings

If you’re looking to explore ways to bring unused agricultural buildings back into productive use, the updated Permitted Development Rights can offer a valuable opportunity. Under the Class R PD policy, it is possible to convert agricultural buildings to flexible commercial uses via a simplified planning route, saving both time and resources. For residential conversions, please see our article on the recently relaxed Class Q rights.

[  - Access the Full Class R Guide Here - ]

Why Apply for Change of Use under Class R?

The diversification of underutilised agricultural buildings provides many benefits including Economic Diversification of an Estate’s portfolio, increased value of Estate Buildings, provision of new amenities to support rural communities and reducing the need for new construction for a wider sustainability benefit.

What is Class R Permitted Development?

Simply put, Class R is permitted development legislation that allows the change of use of an existing agricultural building and land within its curtilage into flexible commercial use.

Class R was introduced through ‘The Town and Country Planning (General Permitted Development) (England) Order 2015’ to encourage the diversification of the rural economy in areas where development would normally be considered inappropriate under the ‘National Planning Policy Framework’ (NPPF).

In 2024 – widely seen as a response to Jeremy Clarkson’s well-documented difficulties in obtaining permission for his farm shop and restaurant – the so-called ‘Clarkson’s Clause’ expanded the scope of Class R, enabling farmers, landowners and developers to convert unused agricultural buildings without the need to submit a full planning application.

So, what permitted development is… permitted?

In summary, Class R allows for the change of use of an existing agricultural building and land within its curtilage to the following use classes:

i) Class B2 (General Industrial);

ii) Class B8 (Storage or Distribution);

iii) Class C1 (Hotels);

iv) Class E (Commercial, Business or Service);

v) Class F.2(c) (Outdoor Sport or Recreation); or

b) For the provision of Agricultural Training.

Examples for Diversification enabled by Class R could be a Boutique Hotel, Farm Shop or Visitor Café, Yoga / Fitness Studio, Lettable Office Space,

And what is NOT permitted?

There are several restrictions relating to Class R – specifically, development is NOT permitted under Class R if:

a) the building was NOT used solely for an agricultural use as part of an established agricultural unit on 3rd July 2012; the building was in agricultural use previously – but NOT on 3rd July 2012 when it was last in use – or: the building was brought into use after 3rd July 2012 for a period of at least 10 years before the date development under Class R begins;

b) the cumulative floor space of the building(s) which have changed use under Class R within an established agricultural unit exceeds 1,000 square metres;

c) the site is – or forms part of – a military explosives storage area;

d) the site is – or forms part of – a safety hazard area; or

e) the building is Listed or a Scheduled Monument.

NOTE: If your development falls under one or more of the above exclusions, it is likely that a full planning application would be required.

Are there any conditions which apply to Class R?

In short, yes. Below are some of the conditions that apply to development permitted under Class R:

·         Where the agricultural building DOES NOT exceed 150 square metres, developers are required to notify their Local Planning Authority – providing information relating to the date from which the site will begin to be used for any of the flexible uses permitted under Class R; the nature of the use/uses; and a site plan indicating which buildings have changed use.

·         Where the agricultural building DOES exceed 150 square metres, developers must apply to their Local Planning Authority for determination as to whether the Prior Approval is required regarding – for example – transport/highway impact; noise impact; site contamination risk; and flooding risks etc.

·         Development permitted under Class R must commence within 3 years of the approval date.

·         Applications for associated operational development – meaning building/other operations relating to the building or land which are reasonable/necessary for the proposed use permitted under Class R – will need to be submitted to the Local Planning Authority prior to commencement on site.

·         A site which has changed use under Class R may subsequently change use to another use falling within one of the flexible commercial use classes permitted under Class R;

·         After a site has changed use under Class R, the site is to be treated as having a ‘sui generis’ use (i.e. of its own kind) – and usually requires full planning permission for a change of use from the flexible commercial use classes permitted under Class R.

·         Where the site is to be used for general industrial purposes within Class B2, it must only be used for the processing of raw goods (excluding livestock) which are produced on the site.

·         Developments permitted under Class R may be liable for Community Infrastructure Levy (CIL) once the consent is implemented. The Local Planning Authority will notify you of this – together with their initial CIL liability amount (usually calculated against the gross internal area) and the potential offsets, exemptions and deferrals available.

What else should I know?

These insights apply to most Class R permitted developments. But not to all. The origin legislation can be found here – Class R Legislation

Ashman Architects have cultivated a specialist body of knowledge to help Clients successfully navigate the often nuanced – Class R planning process to realise their vision.

Access Full Guide Here

If you are looking for more advice or would like us to take care of your application – please get in contact:

Ashman Architects

Tel: 01733 913 576

Email: studio@ashmanrchitects.com 

Address: 32B Thorpe Wood, Peterborough, Cambridgeshire, PE3 6SR