Case 3288424

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL

Mendip District Council * — appeal dismissed

Outcome
Dismissed
Decision date
11 May 2022
Authority
Mendip District Council *
Inspector
Allen M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
MR STEVE CURTIS
Agent
Mr David Bissex
LPA reference
2021/2065/PAA
ONS LPA code
E07000187
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 February 2022

Summary AI

The inspector dismissed the appeal because the proposed works would go beyond a conversion and would be rebuilding rather than refurbishment.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Appeal Decision Site visit made on 19 April 2022 by Martin Allen BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 11 May 2022 Appeal Ref: APP/Q3305/W/21/3288424 Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL • 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 Steve Curtis against the decision of Mendip District Council. • The application Ref 2021/2065/PAA, dated 31 August 2021, was refused by notice dated 2 November 2021. • The development proposed is a Prior Approval for a proposed change of use of agricultural building to a dwelling house (Mansion House Barn). Decision 1. The appeal is dismissed. Preliminary Matters 2. I have taken the description of development from the appeal form as this concisely described the proposal. Background and Main Issue 3.

Page 1 · Chunk 1 Appeal Decision

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Appeal Decision Class Q permits development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a use falling within Class C3 (dwellinghouses), as well as building operations reasonably necessary to convert the building. 4. Paragraph Q.1.(i) defines the building operations which can be undertaken. It states that development is not permitted if it would consist of building operations other than: (i) the installation or replacement of — (aa) windows, doors, roofs, or exterior walls, or (bb) water, drainage, electricity, gas or other services, to the extent reasonably necessary for the building to function as a dwellinghouse; and (ii) partial demolition to the extent reasonably necessary to carry out building. 5. The main issue in this case is whether the proposal would be permitted development under Schedule 2, Part 3, Class Q of The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO). Reasons 6. The appeal building comprises a metal framed building, with walls variously formed from blockwork and corrugated sheeting, with timber boarding over, as well as full height blockwork and timber. The roof is clad in corrugated sheeting.

Page 1 · Chunk 2 Appeal Decision

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Appeal Decision The large north elevation is open. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Appeal Decision The large north elevation is open. https://www.gov.uk/planning-inspectorate Appeal Decision APP/Q3305/W/21/3288424 7. The scheme proposes works to the building in order to facilitate its use as a dwelling. These include the complete replacement of the roof with a new covering, the enclosure of the north elevation and the creation of large new openings to accommodate bi-fold doors. The details show that the majority of the existing wall coverings will be removed, with the low blockwork retained below. However, this coupled with the removal of the roof also would result in a significant portion of the existing building fabric being removed. 8. As a result, notwithstanding the structural calculations showing the works are possible, the scheme that is before me would involve significant works that go beyond what is reasonably necessary for the conversion of the building. They would comprise, as a matter of planning judgement, rebuilding rather than conversion or refurbishment works. 9. In respect of the Juliet balcony, I accept that the appellant states that this would be set within the wall structure and would not project beyond the existing extent of the building. This does not however overcome my findings above. 10.

Page 2 · Chunk 4 Appeal Decision

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Appeal Decision Accordingly, while I accept that the works set out in Class Q can, in some instances, be extensive, in this case I find that based on the evidence that is before me, the works proposed to facilitate a residential use of the building would go beyond a conversion and would be so substantial as to amount to rebuilding. Thus, the proposal would not be permitted development under Schedule 2, Part 3, Class Q of the GPDO and the appeal must fail. Other Matters 11. The appellant asserts that the Council is unable to demonstrate a five-years supply of deliverable housing sites. Whether or not this is the case, it does not affect my determination in light of the requirements of the GPDO. 12. It has also been contended that many refusals issued by the Council in respect of such development are overturned on appeal, with a case being cited. However, no details have been provided in regard to this example and as such I can draw no useful comparison. As such, this does not persuade me of the acceptability of the appeal that is before me. Conclusion 13. For the reasons given above and having regard to all matters raised, I conclude that the appeal should be dismissed.

Page 2 · Chunk 5 Martin Allen

Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Martin Allen INSPECTOR 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
¶7

The proposal involves significant works that go beyond what is reasonably necessary for the conversion of the building, and would amount to rebuilding rather than conversion or refurbishment.

Planning obligations
Against appellant
¶10

The works proposed to facilitate a residential use of the building would go beyond a conversion and would be so substantial as to amount to rebuilding.

Policies relied on

Reference Weight
Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the G
Determinative

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 11 May 2022 under the Open Government Licence.