Case 3321548

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS

Cotswold District Council — appeal dismissed

Outcome
Dismissed
Decision date
21 November 2023
Authority
Cotswold District Council
Inspector
Reed D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Andrew Reginald Eastabrook
LPA reference
22/04062/FUL
ONS LPA code
E07000079
Jurisdiction
Transferred
Link status
Not Linked
Start date
17 August 2023

Summary AI

The appeal for a dwelling on a site in the countryside was dismissed due to conflict with planning policies and the unsuitability of the buildings for residential use.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — Appeal Decision Site visit made on 23 October 2023 by David Reed BSc DipTP DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 21st November 2023 Appeal Ref: APP/F1610/W/23/3321548 The Paddock, Ullenwood, Gloucestershire GL54 9QS • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Andrew Eastabrook against the decision of Cotswold District Council. • The application Ref 22/04062/FUL, dated 15 November 2022, was refused by notice dated 30 March 2023. • The development proposed is the change of use from agricultural storage buildings to a dwelling. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the dwelling would represent an acceptable form of development in the countryside. Reasons 3. The proposal is for the change of use and conversion of two storage buildings to a dwelling. The two closely related buildings, erected in about 2008 and 2021 respectively, comprise galvanised steel arch structures bolted together with earth mounding over the first but not the second.

Page 1 · Chunk 1 Appeal Decision

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — Appeal Decision The proposal would involve linking the two buildings, completing the earth mounding, installing doors/windows in the two gable ends and rooflights. The interior spaces would be subdivided to create a kitchen/dining/living area in one building and two bedrooms, bathroom and a retained storage area in the other. 4. The buildings lie in the north-western corner of a 1.9 hectare triangular site which has been planted up with about 3,000 trees over recent years and a substantial narrow gauge railway track laid out in a large loop within the young woodland. Although the application refers to the change of use of agricultural (forestry?) storage buildings, on the date of the site visit they appeared to be primarily used in connection with the narrow gauge railway rather than forestry use directly. In addition, there was a mobile home on the site just to the north east of the two buildings. 5. The site lies well outside any Principal or Non-Principal Settlement as defined by the Cotswold District Local Plan 2018 (CDLP) and thus in the countryside for planning policy purposes. As such, Policy DS4 precludes new build open market housing unless it is in accordance with other policies.

Page 1 · Chunk 2 Appeal Decision

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — Appeal Decision Although the https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — Appeal Decision Although the https://www.gov.uk/planning-inspectorate Appeal Decision APP/F1610/W/23/3321548 supporting statement for the application refers to occupation by a site manager, no detailed case is made that a dwelling is essential for a full-time worker to live permanently on site to manage a viable forestry enterprise. Accordingly, the proposal cannot be considered as a rural workers dwelling under Policy H5 and should be assessed against Policy EC6, the conversion of rural buildings. 6. Policy EC6 states that the conversion of rural buildings to alternative uses will be permitted provided the building is structurally sound, suitable for and capable of conversion to the proposed use without substantial alteration, extension or rebuilding. However, in this instance the buildings are galvanised steel arch framed windowless storage buildings which would require substantial alteration to use for residential purposes. No detailed room layout or section plans have been submitted to show how the conversion would be carried out to provide satisfactory living conditions for the occupiers.

Page 2 · Chunk 4 Appeal Decision

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — Appeal Decision The dwelling would certainly be unconventional, and in the absence of detailed plans it has not been satisfactorily demonstrated that the buildings are suitable for and capable of conversion to a dwelling. 7. In any event, Policy EC6 only applies to buildings which have become surplus to requirements or are no longer suitable for their original use. The application does not demonstrate that this is the case, and as the woodland matures the need for equipment and perhaps timber storage to manage the site will presumably remain. The scheme includes the retention of an area for storage, but the proposed reduction is not explained or justified. 8. The 2021 building was erected as permitted development under Class E, Part 6, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, namely the erection of a building reasonably necessary for the purposes of forestry. No satisfactory explanation is provided as to why a second building was reasonably necessary for forestry purposes in 2021 but the extra volume thus created is now surplus to requirements when the nature of the woodland has not changed. Conclusion 9.

Page 2 · Chunk 5 Appeal Decision

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — Appeal Decision For these reasons the dwelling would not represent an acceptable form of development in the countryside and would conflict with CDLP Policies DS4 and EC6 as explained above. Whilst the proposal would provide an additional dwelling with social and economic benefits for the area, this is outweighed by the need to protect the countryside from unnecessary development and the associated conflict with the development plan. 10. Having regard to the above the appeal should be dismissed.

Page 2 · Chunk 6 David Reed

The Paddocks, Ullenwood Manor Road, Ullenwood, GLOS, GL53 9QS — Cotswold District Council — David Reed 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

Green belt
Against appellant
¶9

The proposal would conflict with CDLP Policies DS4 and EC6, which preclude new build open market housing in the countryside unless it is in accordance with other policies.

Heritage impact
Against appellant
¶6

The buildings are galvanised steel arch framed windowless storage buildings which would require substantial alteration to use for residential purposes.

Housing land supply
Against appellant
¶8

The application does not demonstrate that the 2021 building is surplus to requirements, as it was erected as permitted development for forestry purposes.

Policies relied on

Reference Weight
CDLP Policy DS4
Determinative
CDLP Policy EC6
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 21 November 2023 under the Open Government Licence.