Clarkson’s Clause: New Planning Laws for Farmers

Specialist trainee planning law solicitor, Nina Walklett, takes a look at recent changes to planning law, highlighted by Jeremy Clarkson’s battle with West Oxfordshire District Council.

As of the 21st May 2024, the Government introduced new rules under the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024 (‘The Act’). The new rules make amendments to existing Class Q and R permitted development rights making it easier to facilitate the conversion of disused agricultural buildings to residential dwellings or commercial spaces.

What is Clarkson’s Clause?

Changes to Class R Permitted Developments rights are being dubbed the ‘Clarkson’s Clause’ following Jeremy Clarkson’s televised planning battle with West Oxfordshire District Council after the closure of his barn conversion restaurant on his TV show ‘Clarkson’s Farm’.

Class R – conversions of agricultural buildings to commercial uses

The recent amendments to Class R now allows for agricultural buildings to be converted, without the need for planning permission, into a flexible use falling within:

• Class B2 (general industrial) of Schedule 1 of the Act;
• Class B8 (storage or distribution) of Schedule1 of the Act;
• Class C1 (hotels) of Schedule 1 of the Act;
• Class E (commercial, business or service) of Schedule 2 of the Act;
• Class F.2(c) (outdoor sport or recreation) of Schedule 2 of the Act; or
• For the provision of agricultural training.

Amendments also provide for a larger floor space under permitted development rights within an ‘Agricultural Unit’, doubling from 500m2 to 1000m2. However, owners must be mindful that any building brought into agricultural use since 3rd July 2012 will be excluded unless the use has been solely for agricultural purposes for a minimum period of 10 years since.

Upon conversion, the former agricultural building will be given a ‘sui generis’ class use, meaning it is within a class of its own. Should there be any further changes of use, there will likely be a need for express planning permission.

Class Q – conversions of agricultural buildings to dwellinghouses

The recent amendments to Class Q expand the scope for permitted development to allow for conversion of former ‘agricultural buildings’ that were part of an ‘established agricultural unit’ into dwellinghouses. Thus, including barns that are no longer used for agricultural purposes.

Amendments also provide for an increase in the count of dwellinghouses from 5 to 10, without the express need for planning permission, and an increase in the floor space of those dwellings from 450m2 to 1000m2. The maximum size for a single dwelling is capped at 150m2. However, developers wishing to maximise the development to 10 dwellinghouses will require a reduction in the metric floor space of each dwelling to 100m2.

Separate to conversion, Class Q introduces the permittance of a single storey extension more than 4 meters in height, however it must be noted conditions are attached to such extensions.

Again, owners must be mindful that any building brought into ‘agricultural use’ after 24th July 2023 will be excluded from Class Q permitted development rights, as the site needs to be part of an established ‘agricultural unit’ for a minimum period of 10 years since. Therefore, the earliest date for permitted development under class Q would be 2033.

Conclusion

The new planning laws for farmers represent a move in the right direction to facilitate rural economic growth and diversification of agricultural units. The legislation is making it easier to commercialise farming businesses and land.

However, whilst there is expansion to Class R and Q permitted development rights, there is an obligation under Class R for the developer to inform the Local Planning Authority of start dates. Furthermore, Class Q permitted developments have not been expanded to include relevant buildings in Conversation Areas, Areas of Outstanding Natural Beauty, or National Parks.

Permitted Class developments are a complex area of law, and following the changes certain conditions still apply.

Legal advice

Holmes & Hills specialist planning solicitors are highly experienced and have been recognised by both Legal 500 and Chambers & Partners. With one of the largest planning law teams in the region, specialist advice is on hand should you need it.