New extension for converted agricultural building

PDP_New Extension

Planning & Design Practice Ltd are delighted that planning permission has been granted for a new extension that will provide a family home in Derbyshire with a porch/utility room.

The site comprises an agricultural building which has recently been converted to a house.

The dwelling is set to the northwest end of a field, accessed via a gate to the south which is accessed off Alders Lane in Tansley, a small village east of Matlock. The building is set close to the junction of Alders Lane and Thatchers Lane. There are residential properties to the north and west off Thatchers Lane, and hedge/trees align the boundary to the west of the site.

Full planning permission is sought to extend the dwellinghouse to provide a porch/utility room on its rear elevation.

The extension is proposed to measure 9m wide and 2.5m deep. It was proposed to have a dual pitched roof to a height of 2.9m; this has been amended to a lean to roof to avoid the ‘valley’ at the suggestion of officers and the overall height is roughly the height of a proposed boundary fence but takes the mass slightly further away from the boundary. The elevations and roof were originally proposed to be constructed with dark grey metal cladding, to align with the metal cladding on the dwellinghouse, except for the south elevation which was proposed to match the render of the dwelling. This has also been amended in order that the extension has all elevations in metal cladding.

It was considered that the extension will appear as a modest, latter addition, in simple materials, that a farmer may add to an agricultural building to expand its capacity. It is certainly subservient to the main building and in such a location as to not compromise the main elevations of the building. It is also largely screened by an established hedge/trees and fence along the western boundary and is set on a lower level. In this regard, the extension is considered acceptable in its scale, design and materials.

In the last 18 months many of us have sought to adapt and improve our homes in response to changing work and living habits. For a free, no obligation consultation and expert advice on how to adapt and improve your home, please contact us.

Class Q success for Derbyshire barn conversion

PDP_Derbyshire Barn Conversion

Planning & Design Practice Ltd were delighted to secure another Derbyshire barn conversion under Class Q permitted development rights. The modern, steel portal framed building sits in the corner of a large grassy paddock, immediately surrounded by undeveloped agricultural fields in the heart of the Derbyshire countryside. The proposed conversion will benefit from the stunning south-facing aspect of the rolling landscape, combined with comfortably modern open-plan living inside.

Class Q, the permitted development right to change the use of an agricultural building into a dwelling which has been with us for some time now, originally introduced in April 2014. Over the years a significant number of additional new homes have been provided by converting redundant agricultural buildings into homes.

Following careful assessment of the planning history and the structural integrity of the building we were comfortable in advising the landowner and occupant, and submitted an application under Class Q. This is legislation which sets a number of criteria which fix clear parameters to the design of the building. The intention with Class Q is to retain the agricultural character of the building whilst providing a modern attractive home.

Class Q’s are something Planning & Design Practice Ltd are well versed in, having helped lots of home owners imagine and realise their dream homes. The permitted development right is a notoriously complicated and thorny issue with many Planning Authorities. Since the permitted development right was introduced there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. You can read more about this here.

The Class Q permitted development rights allow us to bring back into use our redundant agricultural buildings to provide modern attractive home which celebrate the changing nature of our countryside and go some way to addressing the nationwide push to build more homes, particularly in rural areas in a way that is more sustainable and architecturally provides an interesting design challenge.

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including barn conversions (both via a planning application and Class Q) and farm diversification schemes. Please don’t hesitate to contact us for a no obligation consultation to discuss your project or property.

A family affair for Derbyshire listed barns conversion

Listed Barns

Planning & Design Practice obtained planning and listed building consent last month for the conversion of part of a complex of curtilage listed barns near Ashbourne to dependent relative accommodation.

The newly created accommodation will enable two generations of the same family to live alongside one another in attractive Derbyshire countryside. The applications required careful space planning and sensitivity to the historic buildings given their listed status.

The Planning and Listed Building application was for the conversion of a double garage, utility room and snug to dependent relative accommodation, to house the elderly parents of the new owners of the property. The proposals would see the existing snug and utility rooms repurposed as a bedroom and bathroom respectively. The garage will become a living/kitchen area, with recessed glazed panels inserted into the existing door openings. A new internal wall will be constructed to separate the annex. Two conservation rooflights will be inserted into the roof.

The property is part of a traditional range of brick-built barns at a Derbyshire Farm, converted several years ago. The farmhouse itself is Grade II Listed, the barns curtilage Listed.

The impact of the physical works on the character and appearance of the curtilage Listed Buildings are relatively minor. There are few historic features internally (concrete floors, concrete block walling, modern timber roof), thus the relatively minor changes (new wall, raised floor, insulation, opening the roof space, kitchen unit and bathroom) can be accommodated without undue harm.

Obtaining planning permission can provide you with that dream home in the countryside or maybe the way of life you have always dreamt of.

It can also bring about significant gains and help to maximise the value of your rural property. However, development in the countryside is subject to strict planning controls which can make obtaining planning permission very difficult. We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas. If you have any questions about a rural planning project please do not hesitate to get in touch.

New conversion is far from run of the mill

PDP_Former Mill

We are delighted to report that Planning & Design Practice Ltd has secured planning permission for one of the largest and most striking barn conversions in the Peak District we have ever seen. The building is a former flour mill that has played an important role locally and regionally through its 250-year history. The conversion will see a new lease of life being brought to the site for the first time since it ceased its milling operation in the early 20th century.

The approved plans have allowed for a conversion that will see a new 5 bedroom property, with an impressive double-height kitchen/diner/living space being installed within the remain. The sensitive design will make a feature of the millpond and water-race that once powered the Mill’s machinery.

Planning permission for new homes in the Peak Park can be a challenge to achieve. Our planning argument was built around the historic and cultural value of the building. We worked in close collaboration with Heritage Consultants, who under-took an archaeological survey of the site, to create an application that highlighted the historic merit of the building.

The application raised some interesting design questions about how best to provide a historic building in the open countryside with basic amenities like drainage, power, and how best to provide domestic storage and car parking without impacting on the value characteristics of the mill.

We are delighted to have achieved a permission that will secure the future of the building, that will provide the landowner with their dream country house and has unlocked a significant value in the site.

Obtaining planning permission can provide you with that dream home in the countryside or maybe the way of life you have always dreamt of.

It can also bring about significant gains and help to maximise the value of your rural property. However, development in the countryside is subject to strict planning controls which can make obtaining planning permission very difficult. We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas. If you have any questions about a rural planning project please do not hesitate to get in touch.

A porch too far?

PDP_Retrospective Planning Permission

We recently secured a retrospective planning permission for a client who had started to build a porch structure around the front door of their Class Q barn conversion. The converted building was formerly a piggery before the landowner approached us to submit a successful Prior Notification Application under Permitted Development Rights legislation. During the design process, great care was taken to ensure the agricultural character of the building was preserved. This was achieved by utilising the existing openings on the structure for windows and doors, and we proposed the converted building be clad in timber to soften its appearance in the landscape.

Permission was duly granted and the works carried out within the 3 year timeframe required by the legislation. However an issue arose when a member of the Local Authority’s Enforcement Team became aware that the landowner had begun to erect a porch structure around the front entrance of the property. For many domestic properties similarly modest extensions would be permissible under the General Permitted Development (England) Order 2015. However, the problem in this particular situation was two-fold. Firstly, extensions to the primary elevation of a dwellinghouse are not permitted by virtue of Schedule 2, Part 1, Class A.1 (e). Secondly, the legislation is clear that any former agricultural building that is converted under the provision of Class Q does not benefit from Permitted Development Rights.

To remedy the situation, we produced a full planning application to gain retrospective permission for the extension. Our argument focused on how the porch was acceptable from a design perspective, in so far as it was subservient to the original dwelling in size and scale, and that the use of the same timber cladding would tie the porch in visual with the rest of the site. We also highlighted the functional need of the space. The landowner is still involved in the agriculture business and needed the porch as a “boot-room” space where they could easily get in and out of muddy boots and clothes. We successfully explained that the extension was compliant with the requirements of the Authority’s countryside and landscape protection policies. We also took the opportunity to apply for an extension to the dwellings domestic curtilage, which is also restricted under Class Q, which now means the landowner can enjoy the area of land which encompasses their building more freely than the legislation permits.

Sometimes people undertake building work or they use land in a different way without applying for planning permission when they should.

The planning system is complex and mistakes happen. We are always willing to provide help and advice, and are able to provide an initial consultation without charge. Please contact us if you have a project or property you would like to discuss.

Rural Barn Conversions – Class Q 2020 update

PDP_Class Q Update

Class Q, the right to convert agricultural buildings into dwellings as a matter of principle has been with us since 2014.

Permitted development is the right of an owner to develop his or her land within limits prescribed by the General Permitted Development Order. The point of the order was originally to allow minor development to go ahead without having to go through the planning application process. For example small extensions to houses and simple changes of use i.e. changing a pub to a restaurant or a bank to a shop.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended permitted development rights to include the right to change agricultural buildings to dwellings. This was originally proposed as a temporary measure but has since been made permanent.

To use these rights an application has to be made to the Local Planning authority to confirm that the development proposed fits within the limits set out in the General Permitted Development Order. This requires an application, a set of drawings and either a supporting letter or report.

Converting an enclosed modern shed in the middle of the countryside to up to 5 dwellings generally does not accord with Local Plan policies and as such is met with opposition in many councils. As such, in most cases an application is carefully scrutinised to make sure it fits the criteria.

Since the permitted development right was introduced there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. The two key ones address ‘what amounts to conversion’ and ‘establishing a fallback position’.

The question of whether a development is conversion or not was considered at length. The high court judge held that there is a conceptual difference between a “rebuild” and a “conversion” and that the concept of “conversion” introduces a discrete threshold. His reasons include the fact that the concept of conversion is found in the overarching provisions of Class Q. In this case the judge considered it inappropriate to look to the dictionary when seeking to define the distinction as the permitted development rights were drafted for a professional audience and the distinction should be understood in a planning context.

The result of the appeal is a test of whether or not the building operations amount to conversion or ‘fresh build’. Unfortunately, this is considered on a case by case basis and there is no set rule on how to define ‘fresh build’. Whilst this has introduced an additional consideration for many authorities (who weren’t previously giving the question too much attention) it does in some ways clear up where the line is.

The other notable appeal decision has underlined the ability of Class Q to represent a ‘fallback position’. This simply means that the where a site can be developed through the exercise of Class Q permitted development rights then the planning authority must take this into consideration when dealing with an application for full planning permission. Whilst this seems logical it has not always been the case and in reality means that applicant are no longer entirely bound by the stringent rules that surround Class Q development (such as works that extend the external envelope not being permitted).

If a Class Q prior notification application is approved the applicant has three years to complete the conversion. With a planning permission the applicant has 3 years in which to start the conversion and once started can take as long as it takes to complete it. A full planning application would assist overcoming this strict and very tight build schedule.

Class Q continues to be a complicated and thorny issue with many Planning Authorities. If you are looking to convert a rural building please call us. We provide a free half hour consultation and can help you make the right decision.

Class Q Barn Conversion Prior Approval Secured in North-East Derbyshire

PDP_Class Q barn Conversion

Planning & Design Practice Ltd recently secured prior approval under Class Q of Permitted Development for a barn conversion in North-East Derbyshire. The barn was in a structurally sound condition, and no longer in regular use for farming, so was in an ideal position to be converted into an impressive modern home.

We were approached by the client to prepare designs for the conversion as well as to deal with the entire application process on their behalf, to ensure the best chance of success. Our client provided us with a variety of examples that had inspired them to embark on the project, so the architectural team at Planning & Design Practice made sure to incorporate as many of them as possible into the final scheme design. This final design made best use of the existing openings and also provided additional windows where necessary, resulting in a characterful modern barn conversion scheme that retains the agricultural theme of the original building.

During the planning process we encountered a couple of minor complications, the first in relation to a second farm building that is right next to the main barn on the site: the client wanted to use this for ancillary domestic uses such as garaging for vehicles, but the change of use of the second building did not fall within the remit of the permitted development legislation and so could not be dealt with within the one application.

The LPA also stated concerns over the total amount of building operations that were proposed to the main building as part of its residential conversion, relying on a recent appeal decision in their area.

This resulted in a refusal of the first application at the latest possible moment in the decision making process.

However a prompt resubmission of the application for the conversion of the first barn only, with additional information and clarification, along with references to other relevant appeal decisions, eventually resulted in the desired outcome for our client and the council granted prior approval in December 2019.

On receiving the news of the success, our client said:

“Brilliant!! Thank you for your perseverance! Can’t wait to get started! The champagne is going in the fridge now 😃”

The client also sent us a few old photos of the barn when it was built by her father in the late 1980s.

A separate planning application was submitted for change of use of the second barn to garaging and ancillary domestic uses in relation to the approved barn conversion, which was approved in January 2020.

We are delighted to have worked with our clients from the very outset on this project, which will enable them to create their dream home.

If you have a barn conversion project that you are struggling with or don’t know where to start, please get in touch with us and we will be happy to advise you further.

Project Team: Dominic Cooney & Daryl Sanders

PDP secure planning consent for barn conversion in Amber Valley

PDP_Barn Conversion

Planning & Design Practice recently secured planning permission for a barn conversion within the Amber Valley Borough. The barn was starting to become weaker, with one wall on the rear elevation beginning to crumble and a steel bracing holding the two main walls firmly in an upright position.

We were approached by the client to prepare designs for the conversion of the building to create an aspirational dwelling in this highly sought-after location.

After a number of sketch scheme ideas, we decided on a design to maximise the space and comfortability of the building. The barn will be converted into a 2-bedroom dwelling including one with an ensuite. We also decided that the dilapidated timber extension could be demolished and re-built on the same footprint to add a contemporary touch to the barn, whilst retaining an agricultural feel.

The application achieved planning consent with minimal complications. Approval was granted in November 2018.

Project team: Lindsay Cruddas, Daryl Sanders, Rebecca Beardsley

Planning & Design Practice secure planning consent for barn conversion in Amber Valley

PDP_Amber Valley Barn Conversion

Planning & Design Practice recently secured planning permission for a barn conversion within the Amber Valley Borough. The barn was starting to become weaker, with one wall on the rear elevation beginning to crumble and a steel bracing holding the two main walls firmly in an upright position.

We were approached by the client to prepare designs for the conversion of the building to create an aspirational dwelling in this highly sought-after location. An RIBA Chartered Practice, our approachable and experienced team is comprised of architects, architectural assistants, designers and technicians, who offer a comprehensive design service from concept through to completion.

After a number of sketch scheme ideas, we decided on a design to maximise the space and comfortability of the building. The barn will be converted into a 2-bedroom dwelling including one with an ensuite. We also decided that the dilapidated timber extension could be demolished and re-built on the same footprint to add a contemporary touch to the barn, whilst retaining an agricultural feel.

The application achieved planning consent with minimal complications. Approval was granted in November 2018.

We believe that good design is a crucial part of the planning process. Getting the design of a project right is critical to gaining a successful planning consent and avoiding unnecessary delay and costs.

Our team of RIBA Chartered Architects and Architectural Assistants have a wealth of experience working with homeowners, developers and the public sector.

For more information and for a no obligation consultation to discuss your project, please call us on 01332 347371.

Amber Valley

Conversion of Rural Buildings under Class Q

PDP_Conversion of Rural Buildings under Class Q

Implications of Hibbitt v. SSCLG

The conversion of steel framed agricultural buildings to dwellings has been contentious ever since it was introduced in 2014. It is unique within Part 3 of the General Permitted Development Order in that it allows building works to be undertaken which affect the external appearance of a building. It specifically allows new walls, new roofing, new windows and doors. It also allows for mains services and the provision of drainage.

Direction on how to deal with these types of prior notification is provided within National Planning Guidance (NPG). In preparing planning applications we have found problems with the structure of some steel framed barns which were not built to be converted into dwellings. The NPG states: 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 with the external works to provide for residential use that the building would be considered to have the permitted development right.

Under Section 55 of the Town and Country Planning Act 1990 building works for alteration, maintenance or improvement which are internal or do not materially affect the external appearance of a building are not development and cannot be controlled through planning. This allows for an enclosed agricultural building the possibility of strengthening the internal steel frame so that it is strong enough to take the loading which comes from the external works. These works to a weak structure would have to be undertaken first before a planning application is made.

The problems around structure have led to LPAs to require structural surveys to accompany applications. For some council’s this requirement is triggered by the proposed insertion of a first floor. For others a structural report has to be submitted on each application.

The Hibbitt case was referred to the High Court by the appellant. The building consisted of an open structure with a mono-pitch roof with flimsy steel sheet cladding on one and a half sides. The structure was held to be structurally sound and capable of taking the loading which would come from the external works to provide for residential use. The case went to the high court after the appellant was unhappy with his appeal decision. The inspector found that the extensive works required to make the building habitable were tantamount to a re-build or fresh build. The inspector’s decision was supported by the Secretary of State.

The high court judge held that there is a conceptual difference between a “rebuild” and a “conversion” and that the concept of “conversion” introduces a discrete threshold. His reasons include the fact that the concept of conversion is found in the overarching provisions of Class Q (i.e. not in Q.1). Further, he states that it is inappropriate to look to the dictionary when seeking to define the distinction as the Order was drafted for a professional audience and the distinction should be understood in a planning context.

This judgement will provide some encouragement to local planning authorities seeking to restrict the development of agricultural barns into dwelling-houses. Nevertheless, the distinction between a conversion and a rebuild is indefinite. The judge makes clear that the extent of the works is not decisive. In §34, he states, “In many permitted developments the work might be extensive yet that does not thereby disqualify a development from automatic permission.”

In discussions with local Planning Managers councils are grappling with the amount of ‘new build’ which acceptable under Class Q. The implications of the Decision are that open sided barns, hay barns and the like cannot now be converted under Class Q. More enclosed barns (those with 3 or 4 sides enclosed) should be acceptable but conversion also means leaving more of the original building intact. This could mean retaining external steel sheeting and incorporating existing walling and roofing materials into the converted building. A traditional barn conversion has always meant using the building you have in broadly the un converted form – use of existing opening etc. Class Q will continue to give greater flexibility but the options have been reduced and early pre-application discussions will probably be needed unless further guidance is issued by the government or a council has determined exactly what can or cannot be converted.

This Barn would FAIL the Hibbitt threshold.

This agricultural building should PASS the Hibbitt threshold

This building MIGHT be acceptable to some LPAs.

For an update on more recent changes in Permitted Development including changes of use to Class Q, which allows Change of Use and conversion of agricultural buildings to dwellings and Class R, which allows Change of Use from agriculture to a flexible business use, please click HERE

Please contact Michael Bamford if you require assistance with planning applications, appeals or local plan representations or require advice on lawful development certificates or development appraisals – michael.bamford@planningdesign.co.uk or telephone 0114 221 0618.

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