Permitted Development uplift clause

Staceybuck123

Hi I have an uplift clause on my land which says whenever a planning permission is granted on the land 40% must be paid however we are looking to get permitted Development on our barn on the lane does this trigger the uplift clause?

davidmcn

Probably not - depends what you think you mean by "getting" permitted development, and what exactly the clause says, though.

Tom99

What exactly does the clause say?

Doozergirl

Uplift clauses are usually for planning permission for a new property, rather than extensions.

Planning permission for an extension wouldn't raise the land value.

You don't 'get' permitted development, you already have Permitted Development Rights if they haven't been removed.

I think you need to check the wording on what type of planning permission the uplift applies to as it's an unreasonable uplift clause, imo, if you can't extend without paying people.

Staceybuck123

The payment of an overage becomes due whenever a planning permission (outline or detailed) is granted on the land and development actually starts – save that development for the purposes of agricultural and/or private equestrian use and any structures relating to those uses only will not trigger the overage payment.

That’s the wording and I mean we have a Dutch barn and are looking to get it converted to a dwelling under permitted Development rights so it would increase the value greatly not just an extension to a barn it’s a complete makeover

davidmcn

Can you do all that under permitted development? I would have thought the creation of a new dwelling would always need planning consent.

Anyway, if you carry out permitted development, that isn't the grant of planning permission, because the point is that you don't need to ask the planners to grant you anything.

Ozzuk

Could be wrong but I can't see any way changing a barn to either residential or even holiday use could be done under PD. I'd check with planning before worrying about the uplift.

I stand corrected! : "After permitted development rights were extended in 2014 to cover the conversion of farm buildings, it transpired that more than 50% of applications were refused prior approval because most failed the location sustainability test"

source:https://www.wrighthassall.co.uk/knowledge/legal-articles/2017/05/19/class-q-permission-barn-conversions/

ProDave

I think you are talking about the Part Q rule that almost guarantees you will get permission to convert a disused barn to a dwelling.

BUT it will still need a planning application so the uplift clause will be triggered.