What is meant by "convert" in Class Q(b) (agricultural buildings to dwellinghouses), Part 3, Schedule 2 to the GPDO 2015? (High Court)

Under the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for the carrying out on land of any development (section 57(1), TCPA 1990). Development is defined as the "carrying out of building, engineering, mining or other operations in, on, over or under the land or the making of any material change in the use of any buildings or other land" (section 55(1), TCPA 1990).

This means that most material changes of use of buildings or land require planning consent. This basic position is modified by the:

Under the GPDO 2015, certain changes of use are granted deemed planning consent, and these changes are often referred to as "permitted development". Permitted development rights may include deemed planning permission to carry out certain works associated with the change of use. Rights to carry out permitted development are often subject to meeting certain conditions, which differ depending upon the proposed type of development.

For more information, see Practice note, Changes of use and the need for planning permission.

Class Q, Part 3, Schedule 2 to the GDPO 2015 (Class Q) permits:

Class Q permitted development rights are only available if the criteria set out in the GDPO 2015 are met. Q.1. sets out the circumstances where development is not permitted.

Article 2 and paragraph X of Part 3 of the GPDO 2015 sets out various definitions. There is no definition of "convert".

Where someone wishes to exercise Class Q(a) development together with Class Q(b) development they must first apply to the local planning authority (LPA) for a determination as to whether the LPA's prior approval is required in respect of certain matters relating to the site and the proposed development.

For more information on Class Q, see Practice note, Agricultural buildings: permitted development rights for certain changes of use.

In March 2014, the government launched online streamlined planning practice guidance for England (PPG). The planning practice guidance is the outcome of Lord Taylor of Goss Moor's full review of planning guidance in 2012, and reflects many of his recommendations. It is considerably shorter than the previous guidance. The guidance reflects and supports the National Planning Policy Framework.

Paragraph 105 of the PPG provides guidance under the heading of "Are any building works allowed when changing to residential use?"

The paragraph provides "…..The permitted development right under Class Q assumes that the agricultural building is capable of functioning as a dwelling…..It is not the intention of the permitted development right to include the construction of new structural elements for the building. Therefore it is only where the existing building is structurally strong enough to take the loading which comes from the external works to provide for residential use that the building would be considered to have the permitted development right".

In principle, PPG does not bind a court. The court must construe and interpret the law in an objective manner taking into account relevant context and purpose. The court will, however, take the guidance into account.

The High Court decided that the concept of "conversion" was in the overarching provisions of Class Q and introduces a "discrete threshold issue". If a development does not amount to a "conversion" it falls at the first hurdle and as a result there is no need to consider the exceptions set out in Q.1. It is a freestanding requirement that must be met.

The judge accepted that development following a demolition is a rebuild, but did not accept that this was where the divide lay. Where the line is drawn is a matter of planning judgment.

In this case, the works went a very long way beyond what might be described as a conversion. The development was in all practical terms starting afresh, with only a modest amount of help from the original agricultural building.

The court held that there was no need for "convert" to be defined in the GPDO 2015. The GPDO 2015 is directed towards a professional audience and the persons who make an assessment of whether works amount to a conversion, are experts who are able to understand what the term means in a planning context.

The court considered that the distinction between a conversion and rebuild is implicit in paragraph 105 of the PPG which states in relation to Class Q that it is not the "… intention of the permitted development right to include the construction of new structural elements for a building". It was argued that one reason for this conclusion is that a development that includes "new structural elements" is one that involves a degree of rebuild and is not a conversion.