Case 3320721

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN

North Somerset Council — appeal dismissed

Outcome
Dismissed
Decision date
13 December 2023
Authority
North Somerset Council
Inspector
Pickernell E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Paul Fineran
LPA reference
23/P/0275/CM2A
ONS LPA code
E06000024
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 August 2023

Summary AI

The appeal against the refusal of planning permission for the change of use of a building in Weston-Super-Mare was dismissed due to the proposal not meeting the requirements of Class MA of the GPDO. The Inspector concluded that the proposal would alter the physical characteristics of the building and thus constitute operational development, which is not permitted by Class MA.

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

PDF text

Page 1 · Chunk 0 by E Pickernell BSc MSC MRTPI

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN — North Somerset Council — by E Pickernell BSc MSC MRTPI an Inspector appointed by the Secretary of State Decision date: 13 December 2023

Page 1 · Chunk 1 111 Upper Bristol Road, Weston-Super-Mare, North Somerset BS22 8DN

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN — North Somerset Council — 111 Upper Bristol Road, Weston-Super-Mare, North Somerset BS22 8DN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO). • The appeal is made by Mr Paul Fineran against the decision of North Somerset Council. • The application Ref 23/P/0275/CM2A, dated 15 February 2023, was refused by notice dated 3 April 2023. • The development proposed is the change of use of the current office, workshop and small toilet back to its original purpose of sitting room and dining room for the main dwelling. No additional dwelling will be created, the completed conversion will result in the existing two bedroom maisonette returning to being a three bedroom terraced house. Doorways already exist from when it was converted into the shop / office, they will simply be unblocked and have new doors fitted. No major alterations will take place to the building other than the blocking of the current office doorway. Visually the street scene will be little altered, but the development will result in the property being brought in to the available rental properties for local use.

Page 1 · Chunk 2 blocking of the current office doorway and the application plans indicate that

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN — North Somerset Council — blocking of the current office doorway and the application plans indicate that https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 blocking of the current office doorway and the application plans indicate that

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN — North Somerset Council — blocking of the current office doorway and the application plans indicate that https://www.gov.uk/planning-inspectorate Appeal Decision APP/D0121/W/23/3320721 the office door on the front elevation would be removed and replaced with a solid wall. 6. The appellant initially contended that he does not intend to remove the door, rather he would remove the handle mechanism, blank it off with a uPVC facing sheet and install insulated plasterboard. In evidence submitted during the appeal, he goes on to say that as an alternative he could only remove the door handle and infill the post box. However, in either scenario, the appellant has not submitted revised drawings or provided any visual material to describe precisely what any alterations to the external appearance of the building would be. Because of this and the requirements of Paragraph W of Schedule 2, Part 3 of the Order I have considered the appeal on the basis of the written description and the plans submitted to the Council. The blocking up of the front office door in the manner indicated on the drawings, would alter the physical characteristics of the building and as such would constitute operational development. So, potentially could removing the handle and works to the post box. Such building operations are not permitted by Class MA.

Page 2 · Chunk 4 blocking of the current office doorway and the application plans indicate that

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN — North Somerset Council — blocking of the current office doorway and the application plans indicate that Consequently, I conclude that the proposal is not permitted development under class MA of the GPDO. 7. As considerations in relation to prior approval are a follow-on condition stage under paragraph MA.2, they can therefore only apply if the proposal is otherwise permitted development. As the proposal would fail to constitute permitted development under class MA, it would be unnecessary and inappropriate of me to proceed to consider the prior approval matters. Conclusion 8. For the reasons given above, the appeal is dismissed.

Page 2 · Chunk 5 E Pickernell

111 Upper Bristol Road, WESTON-SUPER-MARE, BS22 8DN — North Somerset Council — E Pickernell 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
¶3

The proposal is not permitted development under Class MA of the GPDO because it involves building operations necessary to convert the building.

Planning obligations
Against appellant
¶4

The application did not meet the requirements of Paragraph W of Schedule 2, Part 3 of the Order, as the plans did not accurately describe the proposed development.

Planning obligations
Against appellant
¶6

The Inspector considered the appeal on the basis of the written description and plans submitted, and concluded that the proposal would alter the physical characteristics of the building and thus constitute operational development.

Policies relied on

Reference Weight
Class MA of the GPDO
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 13 December 2023 under the Open Government Licence.