Architect Jonathan Turvey discusses the Fallback Position…
There are few routes available for you to build a new house in open countryside. Using your Permitted Development Rights to change the use of an agricultural building into residential use, subject to prior approval from the Local Authority, has been very popular.
This offers great potential if you have underutilised or redundant buildings. Commonly referred to as Class Q, the legislation allows for the conversion of existing agricultural buildings to provide a mix of up to 5 dwellings.
Some restrictions apply which would prevent using this route in areas such as within the grounds or curtilage of a Listed Building, in a Conservation Area or Area of Outstanding Natural Beauty.
This route also restricts any external alterations to the original building, so many conversions do not maximise the potential of a site, building or your finances. Some buildings are also simply unattractive or too large to make into a beautiful new home. But a Class Q approval does establish the precedent of residential use on the site.
Any further changes such as porches, extensions etc. would need to be addressed via a planning application on completion of the conversion of the building.
Following a legal challenge, planning authorities now accept that following the grant of approval under Class Q, a planning application can be submitted and considered for approval for a completely new residential development. This is in lieu of converting the existing building, referencing the Class Q as a fallback position to make the case a house has already been approved on site.
There are several distinct advantages to doing this, some of which are;
There is no guarantee a Local Authority will grant approval for a Class Q approval, let alone a subsequent planning approval for a new dwelling, but we are receiving an increasing number of approvals which have recognised the legitimate material consideration of the fallback position.
Call us to today to discuss how we can help you with your next project.
Published Date: December 2021