Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT
North East Derbyshire District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 13 September 2021
- Authority
- North East Derbyshire District Council
- Inspector
- McDonagh C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Pearson and Ms Fisher
- Agent
- Windle Cook Architects
- LPA reference
- 20/00965/FL
- ONS LPA code
- E07000038
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 14 June 2021
Summary AI
The appeal for the conversion of a barn to a dwelling was dismissed due to the proposal being inappropriate development in the Green Belt, harming openness and encroaching into the countryside.
PDF text
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Site visit made on 10 August 2021 by C McDonagh BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 13 September 2021 Appeal Ref: APP/R1038/W/21/3271038 Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield S41 9QT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Nick Pearson against the decision of North East Derbyshire District Council. • The application Ref 20/00965/FL, dated 7 October 2020, was refused by notice dated 20 January 2021. • The development proposed is ‘conversion of barn to form dwelling’. Decision 1. The appeal is dismissed. Preliminary Matters 2. During the course of the appeal, the updated National Planning Policy Framework (July 2021) (the Framework) was published. Parties were provided with an opportunity to comment on the relevance of this, and I have taken any subsequent comments received into account in my consideration of this appeal. 3. I have been referred to policies in the emerging North East Derbyshire Local Plan 2014-2034 (the ELP). I am advised that the ELP is shortly due to begin main modifications consultation.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Whilst the ELP remains subject to further consultation and possible amendment, proposed Policy SS10 provides for the re-use or conversion of buildings which are of permanent and substantial construction in accord with the Framework’s Green Belt policies. In accordance with paragraph 48 of the Framework, I therefore afford Policy SS10 at least moderate weight, since it is very unlikely to change and clearly updates out-of- date Green Belt policy in the development plan. Main Issues 4. The appeal site lies in the Green Belt. The main issues are therefore as follows: • whether the proposal would be inappropriate development in the Green Belt; • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations and if so, whether this would amount to the very special circumstances required to justify the proposal. https://www.gov.uk/planning-inspectorate
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Appeal Decision APP/R1038/W/21/3271038 Reasons Whether inappropriate development in the Green Belt 5. The appeal site comprises redundant farm buildings, including a barn, farmhouse and smaller outbuilding, set in agricultural land within an expanse of open countryside and woodland. The proposal seeks to convert the barn to a dwelling while the ruin of the former farmhouse would remain with some remediation works undertaken to ensure it is safe. An existing unsurfaced track leads across fields from the nearest section of highway at Windmill Lane to the appeal site. The area around the property would be covered in hardstanding for access and parking while the first part of the track from Windmill Lane would be upgraded by being hard surfaced, doubled in width and adapted to accommodate refuse and recycling bins. 6. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. Paragraphs 149 and 150 of the Framework outline exceptions. Of most relevance to this appeal are paragraphs 150 (b) & (d).
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision These advise engineering operations (b) and the re-use of buildings, provided that the buildings are of permanent and substantial construction (d), are not considered inappropriate in the Green Belt if they preserve its openness and do not conflict with the purposes of including land within it, which includes safeguarding the countryside from encroachment. 7. The barn is primarily of stone construction with later additions to one side built from brick. The stone section of the building is clearly of some age and shows signs of damage and deterioration internally and externally. On the site visit it was evident there are some signs of outward movement of stonework to the rear while the roofs are in poor condition. 8. The submitted Structural Inspection and Report (Project Design Associates, May 2020) and the addendum following the refusal of the application (February 2021) advises the first floor of the building is not structurally sound but that the building is otherwise in satisfactory condition. Internally the roof trusses are considered safe to support an upgraded roof despite some woodworm damage.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision It concludes that following a program of repairs, upgrading and refurbishment it is capable of being converted into habitable accommodation. The Ground Investigation Report (Abbeydale, September 2020) concludes that the existing footings are extremely shallow and will require deepening, while it is recommended these should be underpinned. Despite the floor requiring replacing this does not signify a structural defect. 9. Permanent and substantial construction is not defined in the Framework and is inevitably a matter of planning judgement. While I note the concerns of the Council as to whether the building is capable of being converted, I have nothing before me to contradict my own observations and the surveys undertaken by the appellant. The building appears in reasonable condition for its age and considering the repairs and upgrades required, I would consider the building meets the requirement of the Framework insofar as it is of permanent and substantial construction based on the evidence before me. 10. The works proposed would retain the footprint of the building with some external additions.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Notwithstanding the aforementioned repairs, upgrades and alterations required to facilitate the conversion, these include solar panels and flues on the roof and the laying of hardstanding around the property for access https://www.gov.uk/planning-inspectorate 2
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Notwithstanding the aforementioned repairs, upgrades and alterations required to facilitate the conversion, these include solar panels and flues on the roof and the laying of hardstanding around the property for access https://www.gov.uk/planning-inspectorate 2
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Appeal Decision APP/R1038/W/21/3271038 and parking, which add to the volume of the building albeit by only a moderate amount. The inevitable introduction of domestic paraphernalia such as sheds and garden furniture for example, the increase in hard surfacing and activity associated with the access, such as parking and bin storage, would also reduce openness, notwithstanding the Council’s willingness to condition the actual size of the domestic curtilage. As such, in spatial terms, the proposal would harm openness of the Green Belt, albeit to a limited degree. 11. I note the further concerns of the Council that the development would constitute encroachment into the countryside. The existing track leading from Windmill Lane to the appeal site is largely unsurfaced although it is clearly well established and has been for some time used by agricultural machinery. The Highways advisor to the Council recommends this track is upgraded, details of which could be secured by condition. But this would introduce a lengthy section of hard surface material to an agricultural field.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision This would undoubtedly introduce an overtly incongruous urban element into the countryside, which would be unnecessary if a dwelling was not being proposed. The encroachment of such an urban element would be contrary to one of the five purposes of the Green Belt, as set out in paragraph 138 (c) of the Framework. It would also harm the character and appearance of the existing rural landscape by the introduction of such an alien urban hard surfaced wider road. 12. Engineering operations – in this case the re-engineered access track – and the re-use of the barn – which is of permanent and substantial construction – would only be not inappropriate if they neither harmed openness nor conflicted with the purposes of the Green Belt, including not encroaching into the countryside. But in this case, for the above reasons, they would harm openness and encroach into the countryside and, so, would be inappropriate development. 13. In accordance with paragraph 147 of the Framework inappropriate development is, by definition, harmful to the Green Belt and should not be approved expect in very special circumstances. This harm is attributed substantial weight as per paragraph 148 of the Framework. Other Considerations 14.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision I agree there is merit to the renovation of an existing building and its re-use as a dwelling. It is of typical agricultural style and appearance and I consider the design respects both the host building and its rural location. This would also improve the appearance of the site, which has fallen into disrepair and has been the subject of recent vandalism. It would also provide an additional dwelling to the Council’s housing stock. While I note the Council can comfortably demonstrate a 5-year supply of deliverable housing, there would nevertheless be limited weight attributed to these considerations. 15. I have been provided with the decision notice1 and officer report for Prior Approval under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO) pertaining to the same building for its conversion in a similar manner. The Council determined Prior Approval was not required in that case, subject to 11 conditions. 1 21/00281/CUPDMB https://www.gov.uk/planning-inspectorate 3
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Appeal Decision APP/R1038/W/21/3271038 16. However, I have little information on this approval before me, such as plans or design statements. From the limited evidence I have available, I understand the curtilage defined in the appeal proposal is larger than that in the Prior Approval scheme while the areas of hardstanding and works to improve the access track do not form part of the Class Q application. I have no reason to doubt that the appellant would implement the conversion allowed under Class Q, and I consider it a valid fallback position. However, due to the lack of evidence in this regard and the limitations of a Prior Approval proposal assessed against Class Q as detailed in that part of the GPDO, particularly with regards to the access and limited curtilage, I attribute only limited weight to this matter. 17. I have had regard to the appellant’s comments that the proposal would not have an adverse effect on ecology and highway safety and would comply with relevant policies of the development plan in these and other matters, including design. I also acknowledge there were no letters of objection from third parties. However, a lack of harm would be neutral rather than carrying weight in favour of the proposal.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision 18. For the above reasons, these other considerations would fail to amount to the very special circumstances required to justify the proposal. Other Matters 19. I acknowledge the appellants’ concerns over the Council’s handling of the application, including the pre-application advice received. However, these are not relevant matters for the appeal process and in determining the appeal I have only had regard to the planning merits of the proposals. Conclusion 20. The proposal would be inappropriate development which would be harmful by definition. It would result in a reduction the Green Belt’s openness and would harm the character and appearance of this countryside location by the encroachment of alien urban features, to which I attribute substantial weight. I have taken on board the other considerations as they are relevant to the appeal but, for the reasons I have given, they would not clearly outweigh the harms that I have found. Consequently, they would not amount to the very special circumstances necessary to justify the proposal. 21. As such the proposal would conflict with policies GS2 and GS7 of the LP; policies SS9 and SS10 of the ELP and Green Belt policy as set out in paragraphs 147 - 151 of the Framework.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — Appeal Decision Collectively, these seek to ensure Green Belt land remains permanently open and that the countryside is safeguarded from encroachment. The appeal should therefore be dismissed.
Ramshaw Farm Barn, Hundall Lane, Unstone Green, Dronfield, S41 9QT — North East Derbyshire District Council — C McDonagh INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Green belt Against appellant ¶5-12
The proposal would harm openness and encroach into the countryside, making it inappropriate development in the Green Belt. The building is considered to be of permanent and substantial construction, but the proposed works would still result in harm.
Heritage impact Against appellant ¶10-11
The proposed works would alter the character and appearance of the existing rural landscape by introducing an alien urban element, which would be contrary to the purposes of the Green Belt.
Flood risk For appellant ¶14
The renovation of an existing building and its re-use as a dwelling would improve the appearance of the site, which has fallen into disrepair.
Living conditions For appellant ¶14
The proposal would provide an additional dwelling to the Council's housing stock, which is considered to be a merit.
Other Against appellant ¶16
The lack of evidence regarding the Prior Approval proposal and the limitations of a Prior Approval proposal assessed against Class Q, particularly with regards to the access and limited curtilage, make it a poor fallback position.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 147-151 |
Determinative |
| Local Plan GS2 and GS7 |
Substantial |
| ELP SS9 and SS10 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 13 September 2021 under the Open Government Licence.