Fallback approval secured in Derbyshire Dales

Planning & Design Practice is delighted to announce that Full planning permission has been secured for the change of use and reconstruction of agricultural buildings to form a single house near Kniveton, Derbyshire (Derbyshire Dales District Council), utilising the clients fallback position.

The approval relates to a range of former agricultural buildings. The ‘Green Barn’ is the smaller of the two steel portal framed agricultural buildings on site. This building is enclosed on three and a half sides, with the half open side facing the other barn.

Fallback
Figure 1: Photograph of the Green Barn

The ‘Black Barn’ is the larger of the two steel portal framed agricultural buildings which is physically linked to a traditional stone and tile barn. The buildings are fully enclosed. The modern addition is finished in corrugated sheets above a concrete panel plinth.

Figure 2: Photograph of the Black Barn

The traditional stone building would be converted, and the larger steel portal farmed buildings would be rebuilt and linked by a structural two storey glazed link forming a generous 4 bedroom house.

The dwelling would comprise an open plan kitchen/dining area, living room, cinema/bar, dog room, utility room, entrance hall, glazed link, swimming pool, gym, store and plant room on the ground floor and a master bedroom with dressing room and ensuite, mezzanine study, and 3 bedrooms each with ensuites across the first floor.

Fallback
Figure 3: CGI Visual
Figure 4: CGI Visual

The conversion of the traditional stone building and the rebuild of the steel portal framed buildings would allow the use of much more modern building techniques which will ultimately encourage a more energy efficient building, towards Passive House standards. A solar PV array would provide the majority of the electricity for the house.

Full planning permission was sought as the proposed works fell out outside of the scope of Class Q legislation. It was successfully argued that the application should be assessed in the context of a realistic fallback position where, in planning terms, the existing building can be converted to a residential use following a previous Class Q approval.

Fallback schemes are something Planning & Design Practice Ltd are well versed in.

The term “fallback” is used in when an existing consent confirms that the principle of development which can then be used as a lever to gaining full planning permission. For example, if prior approval had been obtained to carry out the conversion of an agricultural building to a residential dwelling via Class Q (agricultural to residential conversion), this then allows the existing fallback position (in this case the Class Q prior approval) to be applied to a full planning application for a similar scheme.

The permitted development right legislation is a notoriously complicated and complex issue with many Planning Authorities. Since the permitted development right legislation 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.

It is an area of planning which also attracts the interests of those people who wish to push the extent of their properties in the green belt using householder permitted development rights. Particularly in those instances when local plan policies are restrictive on the amount of extension allowed.

For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371 or email enquiries@planningdesign.co.uk.

Andrew Stock, Associate Director – Chartered Town Planner at Planning & Design Practice Ltd

Three is the magic number for Class Q applications

Class Q Applications

Planning & Design Practice are delighted to announce three successful Class Q applications, as well as a successful full planning application for the creation of a new home. This successful planning application will allow our client to change the use of, and convert, a number of unused agricultural buildings which can become new homes in East Staffordshire.

The site is made up of a number of agricultural buildings, all of which have the same modern agricultural style, consisting of metal sheet cladding. Additionally, there was a red brick farm shop building also located at the site.

Planning & Design Practice Ltd submitted three separate Class Q applications to convert 3 of these agricultural buildings to 4 dwellinghouses. Each application had to ensure complete compliance with Class Q legislation, whilst also respecting the rural aesthetic of the local area. The full application also intended to maintain the external appearance of the farm shop, with minimal alterations proposed as part of the application.

An accompanying structural report concluded that the building was structurally sound and capable of conversion.

The Class Q applications resulted in the creation of 2 two bedroom houses and 2 four bed houses, with each one benefiting from open plan living, kitchen and dining areas, as well as outdoor amenity space. The farm shop will be used as a two bedroom dwelling, with a large kitchen diner and snug living space.

The site was located outside the settlement boundary of Bramshall. The site benefits from being located in a tranquil, rural area with large open countryside on all sides.

The Permitted Development rights, commonly referred to as Class Q, is the right to convert agricultural buildings into homes as a matter of principle and has been with us since 2014.

Permitted Development (PD) is the right of an owner to develop their land within limits prescribed by a piece of legislation known as a General Permitted Development Order. The point of the order was originally to allow minor developments to go ahead without having to go through the planning application process, for example, small extensions to houses.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended PD rights to include the right to change agricultural buildings to homes. Originally proposed as a temporary measure, this has since been made permanent.

Planning & Design Practice Ltd is a multi-disciplinary team of Chartered Town Planners, Architects, Architectural Assistants and Heritage Specialists.

Gaining planning permission is a key step in almost any development. We can take a project through from conception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

Planning & Design Practice Ltd are well versed in researching and understanding local Council’s policies to ensure the best possible case if put forward for our clients. Class Q applications, listed building consent, architectural services – we can help.

For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371 or enquiries@planningdesign.co.uk.

New rural home – thanks to Class Q

Class Q New Rural Home

Planning & Design Practice are delighted to announce another successful Class Q application. This latest success from our Planning team which will allow our client to change the use of, and convert, an unused agricultural building to form a new rural home in Endon, a village in Staffordshire.

The building in question consisted of a single, smaller agricultural building with metal sheet cladding, which was fully enclosed on all sides. An accompanying structural report concluded that the building was structurally sound and capable of conversion.

The new home will have a single bedroom, a bathroom and open plan living, as well as outdoor amenity space. The external alterations have been kept to a minimum to comply with Class Q legislation and to respect the rural aesthetic of the local area.

The agricultural building was located outside the settlement boundary of Endon. The site benefits from being located in a tranquil, rural area, which is in close proximity to a brook.

The Permitted Development rights, commonly referred to as Class Q, is the right to convert agricultural buildings into homes as a matter of principle and has been with us since 2014.

Permitted Development (PD) is the right of an owner to develop their land within limits prescribed by a piece of legislation known as a General Permitted Development Order. The point of the order was originally to allow minor developments to go ahead without having to go through the planning application process, for example, small extensions to houses.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended PD rights to include the right to change agricultural buildings to homes. Originally proposed as a temporary measure, this has since been made permanent.

Planning Permission for new Rural Homes and Developments

Planning & Design Practice Ltd is a multi-disciplinary team of Chartered Town Planners, Architects, Architectural Assistants and Heritage Specialists. Gaining planning permission is a key step in almost any development. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

Planning & Design Practice Ltd are well versed in researching and understanding local Council’s policies to ensure the best possible case if put forward for our clients.

For a free, no obligation consultation to discuss your rural development project, please don’t hesitate to get in touch on 01332 347371 or enquiries@planningdesign.co.uk.

Class Q success creates double dwellings

Class Q Success

Planning & Design Practice are delighted to announce another successful Class Q application. This will allow our client to change the use of, and convert, an unused agricultural building to form two new homes in Chinley, Derbyshire.

The building in question consisted of a large agricultural building constructed from concrete blocks, a profiled cement roof and is enclosed on three sides by profiled cement sheet walls. An accompanying structural report concluded that the building was structurally sound and capable of conversion.
Both dwellings will have 3 bedrooms, 2 bathrooms and open plan living, as well as outdoor amenity space. The external alterations have been kept to a minimum to comply with Class Q legislation and to respect the rural aesthetic of the local area.

The agricultural building was located outside the settlement boundary of Chinley, in close proximity to the Peak District National Park, the site benefits from wide landscape views whilst being nestled away in the valley.

The Permitted Development rights, commonly referred to as Class Q, is the right to convert agricultural buildings into homes as a matter of principle and has been with us since 2014.

Permitted Development (PD) is the right of an owner to develop their land within limits prescribed by a piece of legislation known as a General Permitted Development Order. The point of the order was originally to allow minor developments to go ahead without having to go through the planning application process, for example, small extensions to houses.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended PD rights to include the right to change agricultural buildings to homes. Originally proposed as a temporary measure, this has since been made permanent.

Planning & Design Practice Ltd is a multi-disciplinary team of Chartered Town Planners, Architects, Architectural Assistants and Heritage Specialists. Gaining planning permission is a key step in almost any development. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

Planning & Design Practice Ltd are well versed in researching and understanding local Council’s policies to ensure the best possible case if put forward for our clients.

For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371 or enquiries@planningdesign.co.uk.

Shaun Hyde, Planner, Planning & Design Practice Ltd

Full planning permission granted unhindered by Class Q legislation

Full Planning Permission

Planning & Design Practice is pleased to announce that full planning permission has recently been secured for the change of use and conversion of a modern agricultural building to form a single house within the defined countryside in Derbyshire Dales.

Class Q Legislation
Figure 1: Photograph of the Dutch barn to be converted

The Planning Team successfully secured Class Q approval for the change of use and conversion of the modern steel portal Dutch Barn in the first quarter of 2022. Following further instruction from our client Planning & Design Practice Ltd were tasked with securing Full planning permission utilising the clients ‘Fallback’ position for works which would fall outside of the scope of Class Q legislation.

Additional alterations include:

  • Wholesale replacement of all exterior cladding and roofing material;
  • Residential curtilage extension;
  • Installation of Solar PV Panels; and
  • Installation of external flue.

The application was accompanied by detailed illustrative plans prepared by our inhouse Architectural Team. The external alterations to the building in this scheme have been sensitively designed to respect the agricultural character of the existing building and its rural surroundings, and only consist of the insertion of windows to provide a functional but attractive internal living environment which were reasonably necessary for the building to function as a house.

Figure 2: Proposed elevations
Figure 3: Approved ground plan
Figure 4: Approved first floor plan

The Full planning application route provided a fantastic opportunity for a much more comprehensive and coherent conversion unhindered by the parameters of Class Q legislation. The updated conversion proposals put forward would see all the existing exterior cladding (corrugated metal sheeting, fibre cement sheeting and timber boarding) removed and replaced with more energy efficient exterior wall and roofing materials.

The proposed Solar PV panels that would provide the majority of the electricity for the dwellinghouse and primary heating would be provided by a Ground Source Heat Pump system with a coil that is to be located to the west of the building.

The Court of Appeal in the case of ‘Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314’ clarified when a ‘fallback’ development may be a material planning consideration for an alternative development scheme. The Mansell case reference as part of the submission confirmed that the previous approval secured under Class Q should be a material consideration in an application for alternative development as it represents a legitimate fallback position for residential development.

It was successfully argued that when having regard to the Court of Appeal decision and the benefits which the proposed scheme would deliver over the fallback scheme, planning permission should be granted.

The application was approved by the Local Planning Authority under delegated powers within the 8-week determination period.

We have vast experience of working on barn conversions both via Full planning and/or prior approval (Class Q) application routes. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch.

Andrew Stock, Associate Director – Chartered Town Planner, Planning & Design Practice Ltd

Redundant farm building remade as affordable home

Farm Building Class Q

Planning & Design Practice is pleased to have secured another consent to convert a farm building to a home under Class Q in the Staffordshire Moorlands, writes Director and Chartered Town Planner Richard Pigott.

The modest agricultural building, located off Heath House Lane near Checkley, is enclosed on three sides but open at the front. The council’s officers recommended refusal on 3 grounds but it was overturned by committee members. The first two concerns, relating to impact on heritage assets and impact on the external appearance of the barn, were not shared by members, who had visited the site earlier that day. The third reason for refusal stated that the external dimensions of the building would extend beyond the existing external dimensions. This related to the proposed enclosure of small sections of external cladding beneath the building’s canopy. We pointed out, however, that Article 2(1) of the General Permitted Development Order 2015 provides that, for the purposes of the GPDO, ‘floor space’ means the total floor space in a ‘building’. It defines building as including any structure and erection, including any part of a building. The area beneath the canopy is under the roof and so in and part of the building, not outside of it. We therefore successfully argued that the enclosure of a small area of side cladding (in addition to the enclosure of the open front of the building) would not extend the building beyond the existing external dimensions.

The approval will mean the re-use of a redundant farm building and provide a modest and relatively affordable home in an area where there is a shortage of this type of house. It will not adversely affect any neighbouring properties, it has a safe access and will assist the council in meeting its housing needs. We look forward to seeing the barn converted in the near future.

Barn Conversion have been with us for many years and have gained in popularity since the 1990’s. There are now many examples of these unique, homes up and down the country, each with its own character. Working with either a ‘modern’ or traditional farm building can both yield spectacular results when approached in the right way. The key is to work with the building and its context to produce something that is unique to that particular site.

In the world of planning there are two ways to obtain permission to convert a farm building to a house. One is through the submission of a full planning application to your Local Planning Authority. The second is through exercising permitted development rights, commonly referred to as Class Q, which involves submitting a Prior Approval application to your Local Planning Authority.

Class Q is complex, and subject to a variety of conditions and restrictions. We have lots of experience in this area, and can provide you with expert advice on issues to be taken into account prior to submission of your application through to receiving the decision.

For more information, or to discuss how we could help with a specific project or property please don’t hesitate to get in touch on 01332 347371.

Class Q planning appeal success in Staffordshire Moorlands

Class Q Planning

Planning & Design Practice successfully overturned a decision to refuse Prior Approval for the change of use of an agricultural building to a house in Rudyard, Staffordshire 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 Staffordshire Moorland District 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 current building, by virtue of its scale and modern storage building functional form is considered to have a poor design and appearance which is not significantly improved by the proposed timber finishing materials and other external alterations. It is considered the proposal would not lead to an acceptable design and appearance due to the scale and form of the building. The proposal therefore would fail to com-ply with Part 3 Class Q2(1)f of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), Policy DC1 of the adopted Local Plan and the design provisions of the NPPF.

We believed that Staffordshire Moorland District Council had misapplied the tests set out in Q.2(f) and 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 resulting conversion.

The assessment of ‘the design or external appearance of the building’ as set out in Q.2(1)(f) should be limited to the consideration of new window openings, doors etc… and, where relevant, use of new materials, as set out in Q.1(i). To extend the assessment further than this is considered to be irrelevant to the subject matter and contrary to Class Q legislation, in Planning Designs opinion.

The Planning Inspector found that:

“Although the Council reference the poor design of the existing building and that it does not con-tribute positively to the traditional rural character and appearance of the area, the pro-posal would continue to appear as a building with an agricultural character in a rural land-scape, albeit with an improved appearance compared to the existing position due to the external treatment proposed.”

The Inspector goes on to state:

“The Council has further referenced the greater degree of permanence that would result from the proposal. This is not however a matter for consideration under Class Q of the GPDO. The Council acknowledges the building exists lawfully and has been in use for agricultural pur-poses. As such, it benefits from the Permitted Development right set out under Class Q which grants permission for agricultural buildings to be converted to dwellinghouse subject to prior approval matters.”

The Inspector resolved to grant the appeal and allow the conversion of the building under Class Q of the GPDO.

Class Q planning 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.

Andrew Stock, Associate Director – Chartered Town Planner, Planning & Design Practice Ltd

Class Q Planning
Elevations and sections as proposed: Image Ian Ankers Architecture

Class Q to transform livestock building to new home

Class Q

Building on our previous successes, Planning & Design Practice are delighted to confirm another Class Q conversion, allowing our clients to change the use of, and convert an unused agricultural building to form a new house at a farm in Breadsall, Derbyshire.

The Permitted Development rights, commonly referred to as Class Q, is the right to convert agricultural buildings into homes as a matter of principle and has been with us since 2014.

Permitted Development (PD) is the right of an owner to develop their land within limits prescribed by a piece of legislation known as a General Permitted Development Order. The point of the order was originally to allow minor developments to go ahead without having to go through the planning application process, for example, small extensions to houses.

In the interest of simplifying the planning system and boosting the supply of houses, the government extended PD rights to include the right to change agricultural buildings to homes. Originally proposed as a temporary measure, this has since been made permanent.

The farm in this case lies just outside of the Breadsall settlement boundary within the Green Belt and is accessed from Rectory Lane, just north of Breadsall village. The site is bounded by open agricultural land to the north and east with trees to the west and residential buildings to the southwest.

The building that is to be converted is a steel portal framed agricultural building measuring approximately 18m (L) x 9m (W) x 4.8 (H). The building is finished with concrete block work, horizontal timber boarding and corrugated metal cladding. Unused since 2013, the building was last used to house livestock as part of an established agricultural holding.

The application is submitted in accordance with Class Q, Schedule 2, Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 that permits the change of use and conversion of an agricultural building to a dwellinghouse or dwellinghouses (Use Class C3).

The building will be converted into a 2 bed roomed house, comprising an open plan kitchen/living/dining area, two ensuite bedrooms, bathroom, office, pantry and boot room.

The proposed conversion would retain all of the existing exterior cladding which will be repaired and treated where necessary and retained in situ during conversion. The existing steel frame would remain intact with no demolition proposed as part of the application. The building will be internally insulated with the insertion of new windows and doors to the extent reasonably necessary to provide light and ventilation to the new home.

The proposed conversion would give a total combined habitable floor space of approximately 171m2 across the ground floor. A domestic curtilage is proposed to the southwest of the building of no more than 171m2 (i.e. no larger than the footprint of the building). Parking spaces will be provided within the residential curtilage.

The external alterations to the building have been sensitively designed to respect the agricultural character of the existing building and its rural surroundings. The insertion of new windows and doors are necessary to provide a functional but attractive internal living environment.

Barn Conversions have been with us for many years and have grown in popularity since the 1990’s. There are now many examples of these unique, homes up and down the country. Each with its own character. Working with either a ‘modern’ or traditional barn can both yield spectacular results when approached in the right way. The key is to work with the building and its context to produce something that is unique to that particular site.

We have vast experience of working on barn conversions both via full planning and/or prior approval (Class Q) application routes. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371.

Andrew Stock, Associate Director – Chartered Town Planner, Planning & Design Practice Ltd

Proposed plans and elevations

Barn conversion -Class Q explained

PDP_Class Q Explained

In the world of planning there are two ways to obtain permission to convert a barn to a house. One is through the submission of a full planning application to your Local Planning Authority. The second is through exercising permitted development rights which involves submitting a Prior Approval application to your Local Planning Authority. In both instances an application is required but they are assessed against different criteria depending upon which route you take. Chartered Town Planner, Michael Bamford guides you through both options.

Class Q – the permitted development right to covert your barn to a dwelling

The Permitted development rights (which is commonly referred to as Class Q) is the right to convert agricultural buildings into homes as a matter of principle has been with us since 2014.

Permitted development (PD) is the right of an owner to develop his or her land within limits prescribed by a piece of legislation known as a General Permitted Development Order. The point of the order was originally to allow minor developments to go ahead without having to go through the planning application process. For example, small extensions to houses and simple changes of use for example 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 PD rights to include the right to change agricultural buildings to homes. Originally proposed as a temporary measure, this 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 by 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 one’s 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 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 applicants 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.

Converting your barn through a Full Planning Application

The other option is to submit a full planning application. When your building is located within a Conservations Areas, Area of Outstanding Natural Beauty (AONB) or National Park Class Q cannot be used, as it is not allowed in these locations.

The majority of Local Planning Authorities have polices in place which support the conversion of former agricultural buildings to houses but are generally caveated to only allow traditional buildings such as stone or brick as they are considered to have a valued architectural style and be worthy of protection within the landscape.

Many of these buildings have the potential to provide habitat for protected species such as bats and as such, it is advisable to seek the advice of an ecology consultant early in the design process and certainly before applying for planning permission. There is a limited time of year where surveys can be carried out for bats (May – September) and as such in the worst case scenario you can be left waiting over 6 months before you can get a survey.

These types of building can provide stunning homes and in many instances, people want to work with the existing character and simply provide some glazing (usually in the former barn door area) and a few new windows. Other than that, the style of the building remains largely intact. This is something that many local plan policies are supportive of, and it is best to bear this in mind when considering the design. It is possible to extend an existing, traditional barn but this can be difficult and, in my opinion, the best place to start is with the existing building and work with the spaces that this allows for rather than attempting to remould your barn into a different layout.

In both cases (Full planning and Class Q) the structure of the building is key. If the building is largely derelict then you will have a very difficult time in obtaining any kind of consent to convert it into a home.

Barn Conversion have been with us for many years and have gained in popularity since the 1990’s. There are now many examples of these unique, homes up and down the country. Each with its own character. Working with either a ‘modern’ or traditional barn can both yield spectacular results when approached in the right way. The key is to work with the building and its context to produce something that is unique to that particular site.

We have vast experience of working on barn conversions both via full planning and/or prior approval (Class Q) application routes. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371.

Michael Bamford, BA (Hons) MPlan MRTPI, Director – Chartered Town Planner, Planning & Design Practice Ltd

Class Q planning appeal success in the High Peak!

Discharge of Planning Conditions HIgh Peak

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.

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