Dottrell Hall Farm Newmarket Road, Fowlmere, Royston , SG8 7PD
South Cambridgeshire District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 27 October 2022
- Authority
- South Cambridgeshire District Council
- Inspector
- Chalk M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr J Akhtar
- LPA reference
- 21/04135/PRIOR
- ONS LPA code
- E07000012
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 19 July 2022
Summary AI
The inspector dismissed the appeal due to the proposed building works being outside of permitted activities under the Town and Country Planning (General Permitted Development) (England) Order 2015.
PDF text
Dottrell Hall Farm Newmarket Road, Fowlmere, Royston , SG8 7PD — South Cambridgeshire District Council — Appeal Decision Site visit made on 10 October 2022 by M Chalk BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 27 October 2022 Appeal Ref: APP/W0530/W/21/3287678 Dottrell Hall Farm, Newmarket Road, Heydon, Royston, SG8 7PD • 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. • The appeal is made by Mr J Akhtar against the decision of South Cambridgeshire District Council. • The application Ref 21/04135/PRIOR, dated 16 December 2020, was refused by notice dated 9 November 2021. • The development proposed is described as “Prior approval for change of use of an agricultural building to 5 dwellings (2no 4bed and 3no 2bed) (Class C3)”. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Town & Country Planning (General Permitted Development) (England) Order 2015 (the GPDO) permits development involving the change of an agricultural building and any land within its curtilage to up to 5 separate dwellinghouses, subject to the criteria set out in its Schedule 2, Part 3, Class Q.
Dottrell Hall Farm Newmarket Road, Fowlmere, Royston , SG8 7PD — South Cambridgeshire District Council — Appeal Decision Paragraph W of Part 3 details the prior approval process, stating that an application may be refused where a proposed development does not comply with conditions, limitations or restrictions specified as being applicable to the development in question. Main Issue 3. The main issue in this case is whether the proposal would be permitted development under Schedule 2, Part 3, Class Q of the GPDO. Reasons 4. Paragraph Q.1(i) of the GPDO identifies the extent of building works permitted under Class Q as being those reasonably necessary for the building to function as a dwellinghouse. These are the installation or replacement of windows, doors, roofs, or exterior walls, or water, drainage, electricity, gas or other services, and partial demolition to the extent reasonably necessary to carry out that installation or replacement. 5. The structural report submitted by the appellant states that underpinning and works to upgrade the foundations of the building are required for the building to be converted to dwellinghouses. Such works are not included in the list of permitted works in Paragraph Q.1(i). https://www.gov.uk/planning-inspectorate
Dottrell Hall Farm Newmarket Road, Fowlmere, Royston , SG8 7PD — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/21/3287678 6. National planning practice guidance advises that it is only where the existing building is already suitable for conversion to residential use that the building would be considered to have the permitted development right. Where a building is not presently suitable for conversion, therefore, conversion is not permitted development. The appellant contends that the structural works do not require planning permission. While this may be the case, at present the building is not suitable for conversion. 7. Structural works to support the building fall outside of the identified list of what is reasonably necessary to convert the building. As these works are necessary to enable the conversion, the proposed building works would not be limited to what is reasonably necessary to convert the building. Accordingly, the appeal proposal would not be permitted development under Schedule 2, Part 3, Class Q of the GPDO. Conclusion 8. For the reasons set out above, the appeal fails.
Dottrell Hall Farm Newmarket Road, Fowlmere, Royston , SG8 7PD — South Cambridgeshire District Council — M Chalk INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Green belt Against appellant ¶6
The building is not presently suitable for conversion, and the structural works required for conversion are not permitted under the GPDO.
Flood risk Against appellant ¶7
The proposed building works would not be limited to what is reasonably necessary to convert the building, making it not permitted development under the GPDO.
Policies relied on
| Reference | Weight |
|---|---|
| GPDO Schedule 2, Part 3, Class Q |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 27 October 2022 under the Open Government Licence.