Barn Conversions

On the whole, we do not see new houses in the middle of fields. This is because there is a presumption against residential development in open countryside.

So, whereas a proposal for an ordinary, three-bedroom house (all other things being equal) would usually be permitted inside a village boundary, the same house would not be allowed outside it – it is genuinely beyond the pale. Outside the village there is the presumption against development.

The first exception to this rule is the barn conversion.

To obtain permission to convert an agricultural building into a dwelling, the building must satisfy the following tests:

    (1) The building is ‘redundant’ – it does not perform any useful commercial function as part of an existing agricultural unit.

    (2) The building would be equally redundant if it were to be incorporated inside any neighbouring agricultural unit.

    (3) If the building is Listed, the conversion does not diminish the building’s architectural value.

    (4) The proposed residential use does not unreasonably affect the locality and its resources.

    (5) Adequate and safe access for vehicles and pedestrians can be provided.

There may be additional ‘aesthetic’ tests to satisfy. However, once the applicant demonstrates that the building no longer has any economic function, then the tide turns in favour of allowing residential use.

Because of these buildings’ age and location, an application for permission to convert a former agricultural building into a dwelling usually encounters one or more of the following issues: ecology, drainage, bio-diversity, structural engineering and sometimes archaeology.

The role of the planning lawyer is to make sure all experts understand the issues which will determine the application and that each expert’s report properly answers the concerns raised by the LPA.