Class Q, Permitted Development and Barn Conversions

There is a thing in planning law called Permitted Development Rights (PDR). I am far from being an expert on such things, so I would recommend researching elsewhere on the internet if you are looking for detailed information on PDR. In layman’s terms, it seems to me that everything you do that changes the look of a building requires planning permission, except that central government decided that certain alterations are already allowed – permitted development.

There is legislation to cover this. I believe it is The Town and Country Planning (General Permitted Development) (England) Order 2015, which covers various bits and bobs of PDR. One section that is attracting some attention is Class Q – converting redundant agricultural buildings into dwellinghouses. Clearly, an opportunity to turn unused buildings in rural settings into houses for relatives or for commercial reasons.

I find the language in this legislation difficult, double negatives and whatnot. Clause Q1 states that “Development is not permitted by Class Q if….” (my italics), then scoot down several paragraphs to paragraph (i) and it continues “the development under Class Q (b) would consist of building operations other than……” then goes on to include the installation of windows, doors, and the “installation of water, drainage, electricity, gas or other services” and “partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph Q.1(i)(i)”.

Just to add to the fun, the first (i) is the lower case of the letter I, as in paragraph (i) and the second (i) is the roman numeral for one. Put that aside and run the sentence together, edit out the extraneous bits and you get….

“Development is not permitted by Class Q if the development would consist of building operations other than partial demolition to the extent necessary to install windows and doors or services”

Let me be clear – this is my interpretation of that section of the legislation and I am not an expert on planning law. If you have a situation that is critically dependent on this, seek relevant professional advice from such an expert.

I do, however, get involved in this bit of the legislation. Many designers and Local Planning Authorities (LPA) ask for a Structural Engineer’s report…..that is often where the brief ends. The brief should be for a Structural Engineer’s report that gives an overview of the condition of the structure and any remedial works that might be needed to convert the building into a dwellinghouse. So here’s the thing.

Firstly, nowhere in the legislation does it say that a Structural Engineer’s report is a requirement. LPA’s ask for this because they do not consider they have the expertise to determine whether the work required to create a dwellinghouse would exceed that allowed under Class Q. Yet, surprisingly often, they feel they have the expertise to contradict that report and refuse the application on those grounds.

Either the LPA do not have the expertise and should accept the report without comment, or they do have the expertise and they don’t need the report.

Secondly, there is understandable pressure from owners and designers for that report to confirm that the works are withing those allowed under Class Q. All a Structural Engineer can do is report the facts. Gravity hasn’t changed since Newton invented it, so either the building stands up or it doesn’t. Unfortunately, this pressure grows if the application is declined.

Thirdly, the answer to every structural question is “yes”. The issue is whether such structural intrusion is within the budget, fits or, in the case of barn conversions, meets the legislation.

Finally, what constitutes unnecessary structural intrusion? In order to turn a barn into a dwellinghouse, walls have to be constructed to separate the rooms. The walls, floors and roofs have to be insulated to Building Regulations standards, often requiring the construction of a new inner leaf with insulation within the wall. So, basically, a whole bunch of timber frames are installed (with doors and windows in them) to create the house and, coincidentally, they can be used to provide the necessary stiffness and support that may have been absent when the building was a barn. Some LPA’s accept this, others don’t.

I think the ones that don’t are wrong. I think such additional work is well within the requirements of Class Q. Sadly, I’m not a Local Planning Authority with the right to make that decision.