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.
PDF text
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.
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.
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
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.
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.
Mansion House Barn, Stratton Road, Holcombe, Somerset, BA3 5EL — Mendip District Council * — Martin Allen INSPECTOR https://www.gov.uk/planning-inspectorate 2
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
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 11 May 2022 under the Open Government Licence.