Lavingham Planning Consultants

Planning and Development Specialists in Yorkshire and the North East

News

Development Rights: A Mixed Bag for Farmers

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Recent amendments to the Town and Country Planning Act (General Permitted Development Order 2015) have brought significant changes to Class Q permitted development rights (PDRs), which allow farmers to convert agricultural buildings into residential dwellings. Planning experts have noted both positive and negative aspects of these changes. The government introduced these amendments following a consultation in 2023, and they took effect on 21 May 2024. However, transitional arrangements are in place to assist those who may be disadvantaged by the new requirements.

One of the major updates includes a new cap on floor space for converted dwellings. The changes generally offer greater flexibility but also come with some limitations. Farmers can now create up to 10 dwellings with a maximum cumulative floor space of 1,000 square metres.

However, each individual dwelling is capped at 150 square metres, roughly the size of a typical three-bedroom house. Previously, the limit was five dwellings with a cumulative floor space of 865 square metres and it was also possible to develop up to three larger dwellings with a cumulative floor space of 465 square metres.

The overall increase in total floor space is a positive step, but the 150 square metre limit restricts farmers’ options a little as not all large units will have the capacity to be divided into smaller units, for example.

Additionally, many clients seek to build homes larger than 150 square metres for their personal use. For the next year, until 20 May 2025, farmers can choose to apply under either the old rules or the new ones. So if you think this could be your next move, don’t hang around, we would love to help and support you on this journey, please do get in touch if we can assist.

 

Drop me an email at info@lavingham.com, today! Or check out our services page for more info on what we can offer.

Big changes to Class Q for agricultural buildings

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The regulations for Class Q were updated on April 30, 2024, with the new rules becoming applicable from May 21, 2024. Applications submitted from this date forward will adhere to the revised standards. However, it is important to note that until May 20, 2025, applicants have the option to utilize the previous regulations, although they will not be eligible for any extensions under the old rules.

Significant changes include an increase in the number of new dwellings allowed under Class Q from five to ten. Additionally, the permissible conversion space has been expanded to 1,000 square meters. It should be noted that the maximum size for any single dwelling is now capped at 150 square meters. To maximize the use of the new limit, each of the ten dwellings would need to be around 100 square meters.

Another enhancement allows for extensions up to 4 metres to the rear of a barn or agricultural building on any hard surface that existed as of July 24, 2023. One of the most substantial benefits of the updated Class Q is that a greater number of barns, including those no longer in agricultural use, are now eligible.

However, there are currently no changes regarding barns used specifically for equestrian purposes unless they are integrated within an agricultural unit.

If this affects you or you would like to get some professional advice on the changes, please do contact us at info@lavingham.com – happy to help

Call for sites to support Local Plan

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The newly established North Yorkshire Council has ambitiously pledged to finalise the North Yorkshire Local Plan by 2028. This comprehensive plan encompasses areas previously managed by borough and district councils, including Hambleton, Richmondshire, Craven, Harrogate, Selby, Ryedale, and Scarborough, laying out a strategic vision for their future development.

Planning Blog - local planning sites, Lavingham Planning Consultant

In a significant step forward, the North Yorkshire Council Executive sanctioned the proposed methodology and schedule for the local plan’s creation in February. This marks the beginning of an extensive series of projects aimed at defining land use policies and allocations to satisfy the region’s developmental needs, effectively guiding development activities over the forthcoming two decades. The plan aims to articulate a cohesive vision for North Yorkshire’s progression, addressing key aspects such as housing, environmental conservation, economic growth, community amenities, and infrastructure enhancement.

As part of this planning phase, the council has announced an imminent ‘call for sites’ period proposed for April, expected to last six to eight weeks. This initiative invites landowners and developers to nominate parcels of land for potential development, considering residential, commercial, and infrastructural projects, as well as environmental improvements. This early stage presents an optimal opportunity for submissions, with the council evaluating proposals based on a multitude of criteria including the sustainability of the site, landscape character impact, highway safety impact and the risk of flooding. Supported sites will be earmarked for future development once the plan is adopted, significantly bolstering their prospects for obtaining planning permission. As North Yorkshire navigates various challenges and opportunities, this new Local Plan offers a pivotal chance for stakeholders to influence the region’s trajectory, through the expansion of existing settlements. Meanwhile, sites previously designated in old local plans but either not developed or discounted at the time in favour of other sites are advised for resubmission, providing a fresh opportunity to highlight their developmental potential within this new framework. Landowners are encouraged to actively participate in this process, seizing the chance to shape North Yorkshire’s development for the next two decades.

At Lavingham Planning Consultants, we have the expertise in planning and development within North Yorkshire, and are ready to assist landowners in navigating this process and maximizing the opportunities presented by the new Local Plan. If you wish to discuss any opportunities for sites or any planning query, please get in touch online.

5th birthday celebrations at Lavingham Planning Consultants!

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We enjoyed our 5 year birthday for Lavingham Planning Consultants earlier in the month.

We thought we would share some of our fun facts we have calculated over this time.

If you’re thinking of your next big project, then please let us know, we would love to help.

We offer a free consultation for new clients, so please do drop us an email at info@lavingham.com. Or use our contact form online.

 

Planning birthday, Lavingham Planning Consultants, Northallerton

The Changing Face of Planning

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The Government has announced a consultation process on guidelines to speed up the planning system across England. In a report published at the beginning of August 2020 titled Planning for the Future, the Government provides detailed plans for changing a ‘relic’ of an existing system.

The plans aim to greatly improve the existing system which sees many potential planning applications refused because of previous stipulations.

The plans include re-energising local plans produced by the Local Planning Authority (LPA) so that land falls into one of three categories: growth, renewal or protected.

Automatic approval

The proposal outlines that planning permission would automatically be secured for areas categorised for growth. Some development would be permitted in renewal areas but would be restricted completely in protected areas.

Local Authorities will also be put under increasing pressure to ensure that planning approval for some bigger development projects is approved in under 30 months.

Priority for aesthetic developments

The Government also announced that high-quality development proposals would be likely to be granted automatic permission if they reflect local character and preferences.

The changes outlined by the Government mean that more applications will be granted immediately, whilst other more unique applications will be categorised, and approval will be granted based on new guidelines. The proposed guidelines suggest that following the implementation of the measures outlined, planning should be easier to achieve and less of a headache for all involved.

The reforms will mean:

  • Local communities will be consulted from the very beginning of the planning process. By harnessing the latest technology through online maps and data, the whole system will be made more accessible
  • Valued green spaces will be protected for future generations by allowing for more building on brownfield land and all new streets to be tree-lined
  • Much-needed homes will be built quicker by ensuring local housing plans are developed and agreed in 30 months – down from the current 7 years
  • Every area to have a local plan in place – currently, only 50% of local areas has a plan to build more homes
  • The planning process to be overhauled and replaced with a clearer, rules-based system. Currently around a third of planning cases that go to appeal are overturned at appeal
  • A new simpler national levy to replace the current system of developer contributions which often causes delay
  • The creation of a fast-track system for beautiful buildings and establishing local design guidance for developers to build and preserve beautiful communities
  • An ambition that new ‘zero carbon ready’ homes delivered under our new system will not require any future retrofitting.

Housing Secretary Rt Hon Robert Jenrick MP said:

“Our complex planning system has been a barrier to building the homes people need; it takes seven years to agree local housing plans and 5 years just to get a spade in the ground.”

Decisions on the Green Belt will stay with local authorities as they prepare their plans so that they can continue to protect and enhance these important areas for generations to come.

Following the publication of Planning for the future, the government will now consult with planners, lawyers and local government experts on the proposals, as well as interest groups and residents.

So, potentially lots of changes ahead! Luckily we are on top of all of these proposals as they move from consultation to law, so are well-positioned to advise you on how to get the permission you need. If you need some advice, do get in touch, please email us at info@lavingham.com or message Andrew on our social media platforms.

For more information on planning, please take a look at some of our past  blogs.

Appeal success!

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We are delighted to have been successful in three planning appeals we have worked on recently.

Working with our clients across North Yorkshire, we have managed to overturn the decision of the Local Planning Authority to make our Client’s plans become a reality.

#1 A new dwelling in Ainderby Steeple was initially turned down by the Council.

We worked with our Client to overturn this decision and allow planning consent to be approved by the Planning Inspectorate who undertook a site visit and carefully considered the additional information we were able to provide.

Our Clients were delighted.

#2 We also worked with our Client to help them to get the refusal of a retrospective application to alter an existing porch on their property overturned. The original application was retrospective so the Inspectorate were able to view the alterations to the porch in question.

The property is close to Bedale and the Inspectorate commented:

The materials are consistent with those used in the host dwelling and the obscure glazing does not look unattractive. The development has a minor impact on the overall appearance of the dwelling and does not look out of place.

 And continued with

 The porch does not harm to the outlook from the neighbouring property as it is a very small structure and cannot have an overbearing impact.

Based on these comments and many more from the Inspectorate the refusal was overturned.

 #3 Our final recent success on appeal, was the construction of a replacement dwelling in Danby Wiske.

The development proposed was a revised application for the demolition of an existing dwelling and construction of a replacement dwelling.

There were underlying concerns about the potential flood risks for the new property. We worked hard with our Clients and external consultants to demonstrate that this replacement property would not be at risk of flooding or add to any flood risk by harmfully displacing water elsewhere.


A further key part of this scheme was the design of the property and how it was viewed in the context of the site and the surrounding street scene. We demonstrated to the Planning Inspectorate, with assistance from a landscape architect what the street scene character was, and how it would not be adversely affected by the new replacement dwelling.

Again, we helped to provide evidence and technical know-how to work with our Client to get this decision overturned.

So, don’t be disappointed if your planning application doesn’t go your way, there could be a way forward with some compromise and additional explanation. We are professional planning consultants and understand what the Planning Inspectorate expects to see to help them make the right decision.

If you have concerns about your current planning application or have already received a decision, not in your favour, then please do contact us on 01609 617618 / 07432 789481 or drop us an email at info@lavingham.com

 

 

 

 

 

 

 

Have you considered using permitted development rights instead of planning permission?

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If you don’t feel you have the skills, time or budget for a planning application process you could consider arranging your planned work so it falls within permitted development rights (no planning permission required)

Some loft conversions and property alterations can be considered under the permitted development rights.

Points to note if you are considering this as an option:

  • Check whether your property is within an area where the rights are more restricted (i.e. Conservation Areas, Article 4 Directions or National Parks)
  • Check whether your property had its permitted development rights removed when it was built – the Council will be able to advise you on this, but may charge you for this service.
  • You may still need to get building regulations approval for any work – this may well still apply even if planning permission has not been sought.
  • Check the Planning Portal for England’s Interactive House – this can give you an idea as to whether or not your property alterations would require planning permission.

As with every part of the planning process, it’s best to do your research and get advice from the local authority if you’re unsure about what you can do. Even if your alterations are permitted development and don’t require planning permission it is worth getting this in writing from your local authority for future conveyancing purposes. It is important to note that most Councils charge for this service.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.

Are planning permission applications free?

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Some are but most sadly are not!  And it can vary depending on the size and scale of your project. Don’t be caught out with unexpected additional costs too.

Make sure you:

  • Understand and know what type of permission you need to apply for and the associated fees. (We can help and advise on this)
  • Add in a little additional budget as a contingency, in case additional costs are required and necessary to progress your application, such as site specific surveys.
  • Use FREE tools that are available online such as the Planning Portal for England’s fee calculator or speak to us and we can advise.

Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.