Building in the Countryside: Planning Permission

Claire Lloyd explains how to go about getting the good life by building or renovating a home in the countryside. Replacements dwellings, conversions and Agricultural Occupancy could all provide a new countryside home.

Building in the Countryside: Planning Permission

ABOVE: This ‘exemplar’ design by Future Systems is sited within a Kent Conservation Area. Steve Clarke, the Principal Planning Officer, states: “The dwelling is unique and was designed from the outset to complement the landscape… it is highly commendable in terms of sustainable construction and energy use.”

Replacement dwellings and conversions are the most common ways of achieving a new home in the countryside. The benefit of the former is that the existing property often has services in place, and can provide accommodation or act as a site office. However, it will come with constraints — if you hope to relocate the new home to make the most of the views, for example, you’ll have to prove to the local planning authority (LPA) that it won’t impact on surroundings.

The size of a replacement will also be restricted — typically to a maximum of 50% the volume or footprint of the ‘original’ dwelling. The ‘original’ refers to the building as it stood before the introduction of the Planning Act on 1st July 1948 — any extensions added after are not included. Furthermore, if the size is increased, the LPA is likely to remove Permitted Development (PD) rights – small-scale improvements undertaken without planning permission – as a condition. Each replacement is considered on its own terms, so speak with the planning officer first.

Conversion opportunities present themselves in different forms, including barns, mills, schools and churches. But regardless of form, a building’s conversion into a new home will need to adhere to the LPA’s criteria. Maintaining the original roof pitch, minimising new openings for doors and windows – meaning you’ll have to be inventive when it comes to introducing light – and using traditional materials are likely conditions. Inside, original features will need to be retained. Listed buildings or those within Conservation Areas will present further complications, and invariably increase build costs, too. All this will mean you will have to be flexible with your floorplan, working around the existing structure — but isn’t that part of the appeal of a conversion?

Gaining permission for a new home on virgin green belt is under tighter control, but it’s not impossible to build where no man has built before. The rules surrounding building in the countryside are set out in Planning Policy Statement 7 (PPS7), which requires ‘special justification’ for isolated new rural homes. Agricultural Occupancy – which allows one-off homes for agricultural and forestry workers – is the main grounds for this. However, both the need for and size of a new home, as well as the existing business, will be closely assessed – under functional and financial tests – before permission is granted. Once granted, an Agricultural Restriction (or Tie) will be applied, meaning that the new home can only be occupied by workers — unless the Restriction is removed.

Exemplar Projects

PPS7 ‘very occasionally’ gives scope for planning to be granted for new rural homes of the ‘highest standards in contemporary architecture’. The policy continues: ‘Such a design should be truly outstanding and groundbreaking; for example, in its use of materials, methods of construction or its contribution to protecting and enhancing the environment’. To achieve such a high level of design you’ll no doubt require the aid of a skilled designer. However, be prepared: high design can equate to higher build costs.

 

Homes that Beat the System

Self built homes that beat the planning committee 

Clockwise, from top left: Richard Noble embarked on a lengthy legal battle to remove an Agricultural Tie on a former dwelling to build his new house (Read more); Marina Dennis’ home was partly financed by an ABDS grant – supporting crofters – but she had to complete a 40-page application first (Read more); The Nierops’ eco home replaces a derelict bungalow, but they were instructed to build an outbuilding – costing £11,000 – after bat droppings were found (Read more).

 

How to self build in the countryside:

Further reading:

 

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Author
Claire Lloyd
Issue date:
November 2009
#1

Planning Permission and Bats

MartinR's photo

Readers ought to be aware of the increased focus on bats by the planners. Considerable costs and delays may be incurred if there is any evidence of bats using the property. For any old or listed buildings, most planners will now insist upon an initial bat survey before processing planning applications - see Natural England's advice to planners: http://www.naturalengland.org.uk/regions/east_of_england/ourwork/standingadvice/protectedspecies/bats.aspx
Anyone considering renovating a building should investigate the bat situation very early in the process so that surveys can be done well before any design work starts.
Unfortunately, it is likely that this increased focus on bat preservation is encouraging many more developers to consider illegally destroying bat habitats rather than engage with the considerable 'bat bureaucracy' that is now in place.

#2

Change of use from Restaurant to residential

Dave Dutton's photo

My dilemma is a bit of an unusual one I think, so I wanted to pick your brains if you don't mind, to see if my project is a none starter or if I can get around it.

I have sourced a plot ideal for my contemporary eco-home, not far from where I live, the downside is, it is now classed as greenbelt by the council. Originally there was a restaurant on the site but the current owner demolished this several years ago and the site was leveled about 3 years ago. The owner did get permission to re build on the site but that expired before he started and he was told he could get a legal notice but has not done so.

The council are now receiving complaints from neighbors regarding a site hut and a large container that have been there for several years. The site is not secure anymore and the planning committee will be meeting this month to decide what action to take.

I have asked the local planning officer if the site could be used as residential dwellings over 1 story but was told that permission would not be granted as is greenbelt now and the current owner would be the only person entitled, through a legal notice to develop the site as a restaurant again.

I argued that surely, if it was once classed as brown-belt and given it's current state that it would be beneficial to all to develop as an eco-friendly family dwelling which would reduce pollution by both the carbon foot print and the comings and goings of diners, this did not seem to cut much ice. So you can see my predicament, it's a beautiful spot crying out to be developed sympathetically with the surrounding environment. Can you give me some direction as to if this is a lost cause or something I should fight for ?

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