New Class Q regulations from 21 may 2024

What are the New Class Q Regulations?
On 30 April 2024 government announced new regulations which would come into force regarding Class Q; applications submitted on or after 21 May 2024 will be subject these new regulations set out in Statutory Instrument 2024 No. 579

​The changes bring positive news for developers and agricultural businesses alike. They shows that Government continues to see value in allowing housing to come forward in this way, it more than doubles the maximum floor area, doubles the number of units allowed. In updating the regulations, Government also closes-off a frequent battleground area which related to insulation, MPD have found that LPAs will often expect the outer skin of barns to be retained and simultaneously cite that the addition of necessary insulation goes beyond works “reasonably necessary”. In making the changes, government are sending a clear signal that SIPs panels (or equivalent) are acceptable provided they are under 20cm thick.
 
Two other changes are worthy of discussion. Where a building has been sold off separately from its parent agricultural holding there is now a clearer path to consent under the revised Class Q Regulations. This has often been a key line of argument from LPAs who seek evidence of some form of agricultural activity or trade taking place which can often be difficult to source. Now, the test applied expects that only the current or previous use of the building be agricultural. Again, this sidesteps the arguments LPAs often advance that they need proof of a viable agricultural activity having taken place recently on the site in order for the barn to benefit from Class Q. This was never MDPs interpretation of the regulations but sadly some Inspectors have been convinced by the LPAs case made.

These regulations are much clearer and as a result more schemes will meet the requirements and more housing will be delivered.

Key changes to Class Q Regulations:

• buildings which have ceased being part of an existing agricultural unit may now be developed
• buildings which remain a part of an existing agricultural unit, but that are no longer used for agricultural purposes, may now be developed
• an increase in the overall cumulative floorspace of a development to 1000m2
• an increase in the number of dwelling houses to 10 (previously 5)
• the reduction in the floorspace of individual dwelling houses to a maximum of 150m2
• sites where development under Class A or Class B (of Part 6 Agricultural Rights) has taken place over ten years ago ,may now be developed. Click here for the full general permitted development legislation.
• extensions at single storey to the rear of buildings by up to 4m onto a hard standing which was in place prior to 24th July 2023 may now be consented onto (the eaves of the extension must not exceed the eaves line of the existing building)
• 'reasonable changes' can continue to be made to allow the building to be used as a home including, the installation or replacement of windows, doors, roofing, exterior walls (i.e. the addition of insultation), water, drainage and other services, and these may protrude up to 0.2m.
• the proposed development must now meet national space standards
• The building must have suitable existing access to a public highway. This is new and adds clarity around the “other impractical or undesirable” criteria in the previous iteration of the regulations. The new wording makes expressly clear that the site must already be served by (presumably) a metalled drive or lane.

Read more about Class Q
​View the regulations
Find out more about the Class Q applications we have progressed.
Find out how we can help
Contact Us