Case 3270922

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF

East Devon District Council — appeal dismissed

Outcome
Dismissed
Decision date
8 July 2021
Authority
East Devon District Council
Inspector
Tucker A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
mrs sarah Taylor
Agent
Mr Stephen Taylor
LPA reference
20/2424/PDQ
ONS LPA code
E07000040
Jurisdiction
Transferred
Link status
Not Linked
Start date
21 April 2021

Summary AI

The inspector dismissed the appeal due to the extensive works proposed, which would not demonstrate that the existing buildings are capable of functioning as dwellings without significant intervention.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF — East Devon District Council — Appeal Decision Site Visit made on 30 June 2021 by A Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 08 July 2021 Appeal Ref: APP/U1105/W/21/3270922 Bond Lane Farm, Bonds Lane, Woodbury Salterton, EX5 1QF • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (the GPDO). • The appeal is made by Mrs Sarah Taylor against the decision of East Devon District Council. • The application Ref 20/2424/PDQ, dated 2 November 2020, was refused by notice dated 14 January 2021. • The development proposed is Prior approval for proposed change of use of existing poultry buildings to 3no larger dwelling houses and 2no smaller dwelling houses (use class C3) and associated operational development under class Q(a) and (b). Decision 1. The appeal is dismissed. Preliminary Matter 2. I have taken the description of development from the Council’s decision notice as it is more concise than that used on the application form. Main Issue 3.

Page 1 · Chunk 1 Appeal Decision

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF — East Devon District Council — Appeal Decision The main issue is whether the proposed change of use constitutes permitted development under the provisions of Schedule 2, Part 3, Class Q of the GPDO, with regard to the extent of building operations proposed. Reasons 4. The proposal relates to two long poultry buildings. A large part of both buildings would be demolished. The remaining part of the eastern building would be truncated to form two detached dwellings. The remaining part of the western building would be truncated to form three detached dwellings. 5. The GPDO states at paragraph Q.1. (i) that development under Class Q (b) is not permitted if it would consist of building operations other than the installation or replacement of windows, doors, roofs or external walls, to the extent reasonably necessary for the building to function as a dwelling. The permitted development right also includes partial demolition to the extent reasonably necessary to carry out such building operations. The planning practice guidance clarifies that the permitted development right assumes that the agricultural building is capable of functioning as a dwelling.

Page 1 · Chunk 2 Appeal Decision

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF — East Devon District Council — Appeal Decision It also states that it is not the intention of the permitted development right to allow https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF — East Devon District Council — Appeal Decision It also states that it is not the intention of the permitted development right to allow https://www.gov.uk/planning-inspectorate Appeal Decision APP/U1105/W/21/3270922 rebuilding work which would go beyond what is reasonably necessary for the conversion of the building to residential use1. 6. The works required to convert the buildings into dwellings would be very significant. The amount of demolition is extensive and would require the construction of new south facing walls to units 3 and 4. Where the existing buildings would be truncated 6 further external walls would need to be constructed. I accept that it may be possible for the walls to be formed in a lightweight material built up off the existing concrete base without a foundation. However, all 8 new walls would be wide, spanning the broad gable width of the existing buildings which, in combination with the demolition of a large part of both buildings, would represent a significant amount of building work. The result would be five detached buildings, of rather odd proportions, that would bear no meaningful resemblance to the simple functional form of the existing poultry buildings. 7.

Page 2 · Chunk 4 Appeal Decision

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF — East Devon District Council — Appeal Decision With this in mind, I am not satisfied that the extensive works proposed demonstrate that the existing buildings are capable of functioning as dwellings without significant intervention, or that the works proposed are limited to those reasonably necessary for a residential conversion. The works would exceed what could reasonably be described as a conversion scheme and would instead be tantamount to the full redevelopment of the site. 8. Therefore, the proposed change of use would not satisfy the requirements of Schedule 2, Part 3, Class Q of the GPDO, having regard to the associated guidance within the planning practice guidance, and therefore is not development permitted by it. Conclusion 9. For the reasons above, the appeal should be dismissed.

Page 2 · Chunk 5 A Tucker

Bond Lane Farm, Bonds Lane, Woodbury Salterton, Devon, EX5 1QF — East Devon District Council — A Tucker INSPECTOR 1 Planning Practice Guidance Paragraph: 105 Reference ID: 13-105-20180615 https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Planning obligations
Against appellant
¶5

The works required to convert the buildings into dwellings would be very significant, and the amount of demolition and new construction would represent a significant amount of building work.

Planning obligations
Against appellant
¶6

The proposed works would be excessive and would not be limited to those reasonably necessary for a residential conversion, but would instead be tantamount to the full redevelopment of the site.

Planning obligations
Against appellant
¶7

The inspector was not satisfied that the existing buildings are capable of functioning as dwellings without significant intervention, or that the works proposed are limited to those reasonably necessary for a residential conversion.

Planning obligations
Against appellant
¶8

The proposed change of use would not satisfy the requirements of Schedule 2, Part 3, Class Q of the GPDO, having regard to the associated guidance within the planning practice guidance.

Policies relied on

Reference Weight
GPDO Q.1. (i)
Determinative
Planning Practice Guidance 105
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 8 July 2021 under the Open Government Licence.