COVID-19 Update: Tozers is providing our usual client services while maintaining the safety of our clients and colleagues. Full update here

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


Court of Appeal clarifies extent of permitted development rights for agricultural buildings

Posted on 21st August 2017 in Planning and Licensing

Posted by

Amy Cater

Partner and Solicitor
Court of Appeal clarifies extent of permitted development rights for agricultural buildings

The issue in the recent Court of Appeal case of Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314 was whether a local planning authority was right to grant planning permission for the conversion of a large barn to residential use on the basis that this was preferable to the applicant carrying out development under permitted development rights. The Council had concluded that if planning permission for the redevelopment was refused there was a real prospect that the applicant would convert the barn to residential use under the provisions of Class Q in the General Permitted Development Order 2015. This was the applicant’s fall-back position. Class Q permits a change of use of an agricultural building to a residential use. One of the conditions for this is that the cumulative floor space of the existing building changing use must not exceed 450 square metres. In this case, the barn exceeded that area, but the Court confirmed that the 450 square metre limit only applies to the part of the building being converted. It said that the restriction is a restriction on the change of use, not on the size of the building. The Court saw no difficulty if the consequence was that this would result in a building partly in use as a dwelling-house and partly still in agricultural use.  The planning authority considered that the development in the application was preferable to the fallback of a more piecemeal form of development that would arise if permitted development rights had been implemented. The Court confirmed that not only was it appropriate for the authority to take into account the fallback under permitted development rights, but it was also necessary to do so as it was a material consideration, and refused to overturn the planning permission.

If you need any advice regarding a matter like this, please do not hesitate to contact our experienced team of planning solicitors.

Company & Industry

Related Insights


Finance and Property deputy role changes

Posted on 22nd January 2021 in Later Life Planning

If you are acting as a deputy for finance and property you may have some questions about your role and what you need to do.

Posted by

Emma Ruttley


What to do if family mediation is unsuccessful

Posted on 22nd January 2021 in Family Law

If progress is not being made, or if mediation breaks down or perhaps mediation was not deemed suitable for the parties at the initial intake session, then the parties should speak to their solicitors about the other options available to them.

Posted by

Aimee Aspinall

Chartered Legal Executive