Planning Case Study – Class Q Permitted Development Agricultural to Residential Conversion (On Appeal)

Samuel & Son have recently won an appeal against a Local Planning Authority for their refusal of a planning application to convert a redundant farm building into a dwelling under the relatively new Class Q Permitted Development rights.

CLASS Q PERMITTED DEVELOPMENT (ON APPEAL)

Samuel & Son have recently won an appeal against a Local Planning Authority for their refusal of a planning application to convert a redundant farm building into a dwelling under the relatively new Class Q Permitted Development rights.

The building in question was a simple and modest brick built and tile roofed old nursery building which, for all intents and purposes, essentially looked like a dwelling in the making, and was sited within 2 acres of surrounding agricultural land, close to the road and in proximity of other dwellings.

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Acting on behalf of our client, Sam Dutton of Samuel & Son submitted the Class Q application to the Local Planning Authority Council, together with a significant amount of information and detail justifying the cause to convert this redundant building into a 2 bedroom dwelling under Class Q Permitted Development policy.  Unfortunately, the Local Planning Authority refused the application citing that, in their view, a conversion and its associated ‘domestic paraphernalia’ would generate an unacceptable impact on the unspoilt character of the wider landscape.

Samuel & Son considered that these reasons for refusal were not in line with, or justified by the relevant national permitted development policy guidance and therefore a written representation appeal was made immediately to the Planning Inspectorate.  After various correspondence between the Local Planning Authority, the Planning Inspectorate and Samuel & Son, the Planning Inspector released his report which upheld the planning appeal and granted consent for the change of use to a dwelling house.

The report gave careful consideration to the concerns raised by the Local Planning Authority and indeed underlined the importance of the planning system in protecting the countryside.  However in this particular case, the report concluded that due to there being other dwellings in the immediate area and that the proposal was to re-use an existing building with limited curtilage and external alterations, its conversion to residential use would not spoil the broader area.

Here at Samuel & Son we appreciate that there is a fine line between providing dwellings for the population of the South East, as well as protecting our landscape and its visual beauty.  In this instance, a redundant and dilapidated farm barn will now be sympathetically converted into a modest but attractive 2 bedroom dwelling.

If you would like any further information or detail in relation to this decision, or would like to discuss any rural planning item in any further detail, please do not hesitate to contact Dan Page at our Heathfield office.  Telephone 01435 864020.