Changes of use of agricultural buildings

Changing to:

Shops, financial and professional services, restaurants and cafes, business, storage or distribution, hotels, or assembly or leisure

Town and country planning (general permitted development) (amendment) (England) order 2013 - Class M

From 30 May 2013 it may be permitted development to change the use of various agricultural buildings to the flexible uses set out above so long as:

a.   the building has been solely in agricultural use:

1. Since 3rd July 2012; or
2. For buildings first brought into use after 3rd July 2012, for ten years;

b.   the cumulative floor space of buildings which have changed use under Class M within an original agricultural unit do not exceed 500 square metres;
c.   the site is not nor forms part of a military explosives storage area;
d.   the site is not nor forms part of a safety hazard area;
e.   the building is not a listed building or a scheduled monument.

For buildings upto 150m2 it is necessary to notify the Council of:

a.   the date the site will begin to be used for any of the flexible uses;
b.   the nature of the use or uses; and
c.   a plan indicating the site and which buildings have changed use.
If this does not occur the change of use will not be lawful. It is not possible to retrospectively do this and a full application for planning permission will be necessary.

Where the cumulative floorspace of the building or buildings which have changed use within an original agricultural holding exceed 150m2 but do not exceed 500m2 the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required in respect of the following—

a.   Transport and highways impacts of the development;
b.   Contamination risks on the site;
c.   Noise impacts of the development; and
d.   Flooding risks on the site.

Again, if this does not occur the change of use will not be lawful. It is not possible to retrospectively do this and a full application for planning permission will be necessary.

This grant of planning permission is subject to Regulations 73 to 76 of the Conservation of Habitats and Species Regulations 2010 (as amended) which requires the Council to take into account whether the development would either on its own, or in combination, have a significant effect on a European Site. Where it is concluded that a significant effect on a European site would be likely the change of use would not be permitted development. You are strongly recommended to seek the opinion of Natural England as to whether your proposal is likely to have a significant effect on European sites.

There is an application form  (180 KB)  for you to complete and send to us, to seek a determination as to whether prior approval will be required from Fareham Borough Council or not.

The form sets out the legislative requirements for an application. However, you should be aware that the Council can request further information to allow it to assess the impact of the proposed development on the above topics.

The form sets out the legislative requirements for an application. However, you should be aware that the Council can request further information to allow it to assess the impact of the proposed development on the above topics.

To avoid this and consequent delays in determining the matter, it is recommended that the following information is also submitted:

• A location plan at an identified standard metric scale (typically 1:1250). Plans should identify sufficient roads (normally two) and/or buildings on land adjoining the application site to ensure that the exact location of the application site is clear. It must also show the direction of North. The application site should be edged clearly with a red line.
• A site plan at an identified standard metric scale (typically 1:200). It should accurately show the direction of North and the proposed development in relation to the site boundaries and other existing buildings on the site, with written dimensions including those to the boundaries.
• Floor plans and elevations at an identified standard metric scale (typically 1:50). The drawings should explain the proposal in detail and clearly show the proposed works in relation to what is already there.
• A Transport Statement setting out the transport implications of the development. The assessment should illustrate accessibility to the site by all modes and the likely split of types of journey to and from the site.  It should also give details of proposed measures to improve access by public transport, walking and cycling, to reduce the need for parking associated with the proposal and to mitigate transport impacts.
• A Contamination Statement setting out details of the previous use(s) of the site, along with details of any surveys that have been taken, along with any remediation measures proposed.
• A Noise Statement should be submitted setting out the impact of noise on the development and of noise from the development on adjoining uses.
• A Flood Risk Assessment should identify and assess the risks of all forms of flooding to and from the development and demonstrate how these flood risks will be managed taking climate change into account.