Issue - meetings

The Planning Committee is asked to consider for consultation the Guidance Note on Class Q Prior Approvals (Change of use from agricultural to residential), which is appended to the report.

RESOLVED

That the Committee approved the consultation, with all changes to be returned to Committee, for final endorsement. 

Mr Whitty introduced the report.

Additional information was provided on the agenda update sheet regarding an acknowledgement of a number of typographical errors within the guidance notes and the listing of five amendments. 

During the discussion Members debated that parish councils would welcome a guidance note to reduce ambiguity in such matters, and that relevant buildings must have been in used for agriculture, or agricultural use prior to March 2013, or have been in use for a period of at least ten years, which was confirmed by Mr Whitty as correct. 

Members further debated how such buildings are established as residential that they were not liable for Community Infrastructure Levy, and the type of buildings deemed convertible.  Mr Whitty confirmed that this would clarify and strengthen the current situation, and that applicants would be required to demonstrate that a building was capable of being ‘converted’, although applicants would not be required to provide absolute proof and therefore a judgement from officers may be necessary.

Members also sought clarification regarding whether a landowner could improve an existing building to ensure it was capable of structural conversion and sustainability/ energy efficient, prior to gaining permission for conversion.  Mr Whitty responded with regards to thermal efficiency, there were no requirements, however once a building was in use, there would be the necessity to meeting building control specifications, and therefore an applicant would need to prove a build would meet these requirements without adding structural elements.  Regarding pre-structural changes, there was nothing in the legislation that precluded this from taking place, however should there be evidence of such work, this would be investigated and potentially concluded that the building was not structurally sound prior to the addition.  Mr Whitty added that consideration of case law may have to be relied upon.

That the Committee endorsed the consultation, once officers had incorporated comments made by the Planning Committee. 

All changes following consultation to be returned to Committee, for final endorsement.