Planning & Design Practice successfully overturned a decision to refuse Prior Approval for the change of use of an agricultural building to a house in Chinley, High Peak, Derbyshire, under Class Q of the General Permitted Development Order (GPDO).
An appeal Statement of Case was prepared by Planning & Design Practice Planning Team on behalf of the Appellants against High Peak Borough Council’s decision to refuse the application. The Council resolved to refuse planning permission for the proposed development under delegated powers following reasons:
1) The proposed change of use would, based on the submitted Structural Report dated 10th February 2022 which contains a schedule of demolition and construction works and proposed plans, amounts to a “re-build” as opposed to a “conversion” within the context of the ‘Hibbit’ High Court Judgement (2016) and as such does not a form permitted development under Schedule 2, Part 3, Class Q of the General Permitted Development Order 2015 (as amended).
2) Notwithstanding the fact the proposal does not comply with Part 6, Class Q, Paragraph A.1 of the GPDO the proposed change of use would result in a poor and unacceptable form by design, by virtue of retaining the visual appearance of an agricultural building as domestic dwelling which would include concrete profile sheeting which is wholly inappropriate for its intended use. The introduction of domestic fenestration and glazing would result in an odd contrived contrast with the external materials resulting overall in a design and external appearance that would be harmful to the character of the rural landscape, contrary to Local Plan Policies S1, EQ2, EQ3 and EQ6, the ‘High Peak Landscape Character Assessment’ SPD (2006), High Peak ‘Residential Design Guide SPD’ (2018) and relevant paragraphs under Chapter 12 of the NPPF; thus resulting in an unsustainable form of development, contrary to Local Plan Policy S1a and paragraph 11 of the NPPF.
We believe that High Peak Borough Council had taken an unnecessarily narrow approach to defining the scope of work that can be reasonably expected to convert an agricultural building to a residential dwelling through the misinterpretation of Q.1(i) and Q.2-(1)(f) of the Town and Country Planning (General Permitted Development) (England) Order 2015 and has over extended the procedure outlined in Paragraph W of the Town and Country Planning (General Permitted Development) (England) Order 2015 with regard to the design and external appearance of the existing building and the proposed conversion.
With regard to the associated building operations ‘reasonably necessary’ to convert the building the Inspector found that the building would be capable of conversion to a dwellinghouse without necessity for extensive new/re-build.
With regard to the resulting appearance of the proposed conversion the Inspector found contrary to the Council’s position, the proposed development would not appear prominent or cause undue harm to the character and appearance of the wider sur-rounding area.
The Inspector resolved to grant the appeal and allow the conversion of the building under Class Q of the GPDO.
Class Q conversions are something Planning & Design Practice Ltd are well versed in, having helped lots of clients imagine and realise their dream homes.
The permitted development right legislation is a notoriously complicated and complex issue with many Planning Authorities. We have vast experience of working on rural projects for homeowners, landowners and farmers in including barn conversions (both via a planning application and Class Q).
If you have had planning permission refused or would like to discuss your options or chances at appeal, please get in contact for a free no obligation discussion on 01332 347371 or enquiries@planningdesign.co.uk.
Andrew Stock, Associate Director, Planning & Design Practice Ltd.
