Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Site visit made on 7 September 2022 by N Praine BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 7 October 2022 Appeal Ref: APP/X2220/W/21/3285998 Site At Great Mongeham Farm, Cherry Lane, Great Mongeham CT14 0HF • 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 appeal is made by Mr J Mazierski of Energy Management Associates against the decision of Dover District Council. • The application Ref 21/00413, dated 15 March 2021, was refused by notice dated 10 May 2021. • The development proposed is described as the change of use of an agricultural building to 5 No. 2-bedroom dwellings and associated building works. Decision 1. The appeal is allowed and approval is granted under the provisions of Article 3(1) and Schedule 2, Part 3, Class Q.(a) and Q.(b) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for the change of use of an agricultural building to 5 No.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision 2-bedroom dwellings and associated building works at Great Mongeham Farm, Cherry Lane, Great Mongeham CT14 0HF in accordance with the terms of the application Ref 21/00413, dated 15 March 2021, subject to the conditions in the attached Schedule. Procedural Matters 2. The application form did not include a description of development. I have therefore used the description from the appeal form and the decision notice in the banner heading above. Background and Main Issue 3. Class Q of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO) permits development consisting of a change of use of a building and any land within its curtilage from use as an agricultural building, to a use falling within Class C3 (dwellinghouses) (Paragraph Q(a)). Additionally, Class Q permits building operations reasonably necessary to convert the building to a Class C3 use (Paragraph Q(b)). 4. Paragraph Q.1 sets out specific circumstances under which development is not permitted.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision At Q.1(i) this includes building operations other than the installation or replacement of windows, doors, roofs, exterior walls or water, drainage, electricity, gas or other services to the extent reasonably necessary for the building to function as a dwellinghouse. https://www.gov.uk/planning-inspectorate

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision At Q.1(i) this includes building operations other than the installation or replacement of windows, doors, roofs, exterior walls or water, drainage, electricity, gas or other services to the extent reasonably necessary for the building to function as a dwellinghouse. https://www.gov.uk/planning-inspectorate

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/21/3285998 5. In this case, the Council considers that the building operations required to convert the building would not be within the scope of works set out at paragraphs Q(b) and Q.1(i). The Council does not dispute that the proposal is acceptable, subject to conditions, in respect of the other matters required to be satisfied by Class Q. I have determined this appeal on that basis and therefore focus my decision on Paragraphs Q(b) and Q.1(i) of the GPDO. 6. Accordingly, the main issue is whether the scheme would be permitted development under Schedule 2, Part 3, Class Q of the GPDO with regard to whether or not the proposed development would comprise building operations reasonably necessary to function as a dwellinghouse. Reasons 7. The appeal site is occupied by a concrete framed agricultural building. The walls comprise a block wall (built between the frames) topped with corrugated cement cladding. The roof is also of corrugated cement finish. 8. It is proposed to replace the external wall cladding and roofing with steel sheet cladding. The existing block walls and structural frame would be retained.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Window and door openings are shown to the front and rear elevations with no openings proposed to the side elevations or the roof slopes. 9. Paragraph Q.1(i) specifies that the installation or replacement of windows, doors, roofs, exterior walls, amongst other things, may be reasonably necessary for the building to function as a dwellinghouse. However, the GPDO does not provide a definition for ‘reasonably necessary’. 10. The Planning Practice Guidance (the PPG) at paragraph 105 (Reference ID: 13- 105-20180615), states that the permitted development right under Class Q assumes that the agricultural building is capable of functioning as a dwelling. It is not the intention to allow rebuilding work which would go beyond what is reasonably necessary for the conversion of the building to residential use. Only where the building is suitable for conversion to residential use would it be considered to have the permitted development right. 11. The main parties refer to the case of Hibbitt v. SSCLG [2016] EWHC 2853. This judgement found that an agricultural building must be capable of conversion to residential use without operations that would amount to complete or substantial re-building of the original building.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Whether or not a development goes beyond the scope of conversion is a matter of fact and degree and requires an element of judgement. 12. In the Hibbitt case the agricultural building was broadly open to three sides and would have been largely stripped back to its frame. This appears to me to be more extensive than the appeal before me which, as existing, benefits from all 4 walls and a fully enclosed roof. In the current appeal, parts of the existing walls would be retained, and the remaining parts of the walls would be replaced rather than constructed. Additionally, these replacement walls would be of similar weight, to the existing, to ensure the existing foundations would not be subject to any additional loadings. 13. Paragraph 105 of the PPG also sets out which works are permitted under the Class Q permitted development rights. The PPG states that internal works are not generally development. Additionally for a building to function as a dwelling, the PPG states that it may be appropriate to undertake internal structural https://www.gov.uk/planning-inspectorate 2

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/21/3285998 works, walls or upper floors. As such I conclude that the internal works would be within the scope of Class Q. 14. The appeal is also accompanied by a structural appraisal which concludes that the existing concrete frames are in good condition with no obvious signs of distress. The structural appraisal confirms that the existing structure of the barn is fundamentally sound with no obvious structural barriers to prevent conversion into a dwelling. Based on the information before me, I am satisfied that the barn is in a sufficiently robust condition to allow for conversion without alterations to the barn’s existing structure. 15. Consequently, I find the appeal proposal is a conversion. The building operations fall within the scope of paragraph Q1(i) and would be reasonably necessary. The current appeal differs to the Hibbitt case as it would not be as substantial as to go beyond a conversion. Accordingly, I conclude that the development would not exceed the limitations set out in the relevant sections of the GPDO. Other Matters 16. Third parties have raised concerns about potential highway and transport impacts.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision The development is modest in scale and would utilise an existing access to the site off Pixwell Lane. Space would also be provided within the site to allow for the parking and turning of vehicles. I have not been provided with compelling evidence that construction or occupation of the proposed development would create unacceptable highway impacts. 17. While access to local facilities, ventilation and demand on utilities is questioned, I am mindful that Class Q of the GDPO does not expressly require assessment of these matters. I have also not been provided with convincing evidence to suggest the location or siting of the building would be impracticable or undesirable. 18. It is suggested that non-agricultural business usage has occurred recently on site. However, in the absence of evidence to substantiate this I cannot ascribe it any weight. Conditions 19. The Council has suggested 5 conditions, where necessary and, in the interests of precision, I have amended the suggested conditions to accord with the PPG. 20. While a time condition was not provided by the Council, paragraph Q.2(3) of the GPDO specifies that development under Class Q must be completed within a period of 3 years starting with the prior approval date.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Furthermore, it is necessary, in the interests of certainty and precision, to define the plans with which the appeal proposal should accord. 21. In the interests of human health, contamination and asbestos conditions are also necessary and given their nature it is necessary for details of these to be agreed before development commences. A condition requiring details of materials would be necessary in the interests of preserving the character and appearance of the surrounding area. Additionally, a condition ensuring adequate parking provision is also necessary in the interests of highway safety. https://www.gov.uk/planning-inspectorate 3

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — Appeal Decision Furthermore, it is necessary, in the interests of certainty and precision, to define the plans with which the appeal proposal should accord. 21. In the interests of human health, contamination and asbestos conditions are also necessary and given their nature it is necessary for details of these to be agreed before development commences. A condition requiring details of materials would be necessary in the interests of preserving the character and appearance of the surrounding area. Additionally, a condition ensuring adequate parking provision is also necessary in the interests of highway safety. https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/X2220/W/21/3285998 Conclusion 22. For the reasons set out above, the appeal is allowed, and prior approval is granted.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine INSPECTOR Schedule of Conditions (6 in total) 1) The development hereby permitted must be completed within a period of three years from the date of this decision in accordance with Schedule 2, Part 3, paragraph Q.2 (3) of the 2015 GPDO (as amended). 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 10/01A, 10/02/A, 10/03/A, 10/04/A, 10/05/A and 10/06/D. 3) A) Prior to commencement of the development a desk top study shall be undertaken and submitted to and approved in writing by the Local Planning Authority. The study shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and any other relevant information. Using this information, a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors shall also be included. B) If the desk top study shows that further investigation is necessary, an investigation and risk assessment shall be undertaken by competent persons and a written report of the findings shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine It shall include an assessment of the nature and extent of any contamination on the site, whether or not it originates on the site. The report of the findings shall include: (i) A survey of the extent, scale and nature of contamination, (ii) An assessment of the potential risks to: ● Human health, ● Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, ● Adjoining land, ● Ground waters and surface waters, ● Ecological systems, ● Archaeological sites and ancient monuments, and https://www.gov.uk/planning-inspectorate 4

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine It shall include an assessment of the nature and extent of any contamination on the site, whether or not it originates on the site. The report of the findings shall include: (i) A survey of the extent, scale and nature of contamination, (ii) An assessment of the potential risks to: ● Human health, ● Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, ● Adjoining land, ● Ground waters and surface waters, ● Ecological systems, ● Archaeological sites and ancient monuments, and https://www.gov.uk/planning-inspectorate 4

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine Appeal Decision APP/X2220/W/21/3285998 (iii) An appraisal of remedial options and identification of the preferred option(s). All work pursuant to this Condition shall be conducted in accordance with the DEFRA and Environment Agency document Model Procedures for the Management of Land Contamination (Contamination Report 11). C) If the investigation and risk assessment shows that remediation is necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment, shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme shall include details of all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works, site management procedures and a verification plan. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine The approved remediation scheme shall be carried out in accordance with the approved terms including the timetable. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works. D) Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation scheme and the effectiveness of the remediation shall be submitted to and approved in writing by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include details of longer-term monitoring of pollutant linkages and maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. Any material imported to the site shall be laboratory certified as suitable for use. E) In the event that, at any time while the development is being carried out, contamination is found that was not previously identified, it shall be reported in writing immediately to the Local Planning Authority.

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine An investigation and risk assessment shall be undertaken and where remediation is necessary a remediation scheme shall be prepared. The results shall be submitted to the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be prepared and submitted to the Local Planning Authority. 4) Prior to commencement of the development a survey specifying the location and nature of asbestos containing materials (ACM) and an action plan detailing treatment or safe removal and disposal of ACM shall be submitted to and approved by the Local Planning Authority. The details in the approved action plan shall be fully implemented prior to occupation and evidence shall be kept and made available for inspection at the Local Planning Authority’s request. 5) No development above ground level shall take place until samples of materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such. https://www.gov.uk/planning-inspectorate 5

Site At Great Mongeham Farm, Cherry Lane, Great Mongeham, CT14 0HF — Dover District Council — N Praine Appeal Decision APP/X2220/W/21/3285998 6) The area shown on the approved drawings as vehicle parking space shall be provided, surfaced, and drained before the dwelling to which it relates is first occupied, and shall be retained for that use thereafter. https://www.gov.uk/planning-inspectorate 6