I would advise using a planning consultant to work this method to allow building in the countryside (well I would wouldn't I 😉). Or at least get the expert knowledge to do it.
The principle is called a ‘fallback position’. This fall back has been established by the Courts and accepted by us experts after several very important high-level judicial decisions.
Basically, if you can build something, or change the use of something, by using Permitted Development rights, then this principle of development must be a ‘material consideration’ when considering a planning application.
Going back to Part 1 of this post, we can use Class Q(a) to change a barn to residential use providing we can meet some limitations and conditions. We do not need to actually build it or in some cases, actually make a PD prior notification application. And…. the barn can be converted into up to 3 dwellings.
The council won't like countryside development but using Class Q you can do it anyway under PD.
However, you may prefer to build say, 3 detached houses in a better part of the land.
The 3 dwellings created under PD is a material consideration coupled with the fact that the council must act ‘proactively and constructively’ to allow your planning permission, they must not be ‘obstructive’.
Subject to a well-presented case to the planning department, you've now got permission to build in the countryside where this would not normally be allowed.
The fallback position can be used in lots of other ways as well. A few examples are...
- Large extensions to a dwelling that would otherwise be refused
- Converting shops to large HMO’s
- Increasing the size of a new build development
- Annexes and garages