Class M agricultural buildings to flexible uses - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - This week
Class M agricultural buildings to flexible uses
I have received a couple of prior notification applications for the change of use from agricultural buildings to business use. My query relates to Part M1a) which states that to qualify as permitted development the building needs to be solely in agricultural use since 3rd July 2012, or for ten years following when the building was brought into use after 3rd July 2012. Both of my applications have had planning history where the design and access statements described them as redundant buildings formerly in agricultural use. Both applicants have told me that they're interpretation is that we should look at the lawful use of the buildings, whether they are physically used or not. However, my colleagues consider that the building should not be redundant and be actively used for agricultural purposes. Does anyone have a view on the interpretation of 'solely in agricultural use'? Many thanks. Cheryl.
I would agree with your interpretation, if it was as the applicants want it why does it not say (cripping from Class J J1(b):- the building was not used solely for agricultural purposes on 3 July 2012 or, if the building was not in use immediately before that date, when it was last in use;
While I don't disagree with whats said above, it is interesting to recall that many of the ministerial announcements/publicity about changes such as this have made reference to re-using 'redundant/unused' buildings. Obviously, as we all know, what may be said is not necessarily to be taken as what the regs mean, but I raise it to stir interest/debate.
I have to disagree! The term `solely` should not be interpreted as `currently`. Solely referes to the fact that the agricultural building is not been used for other non agricultural purposes (business )It maybe for example that part of the building is used for agriculture and the other part storage. If a building was last used for agricultural purposes and may not be being used just now because the farm has downsized etc and no other use has lawfully taken place in the interim and the agricutural use has not been abandoned ( see 4 tests of abandonment) then ` good luck` if you try and decline to accept or refuse a prior notification application .