Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL
West Northamptonshire — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 4 June 2024
- Authority
- West Northamptonshire
- Inspector
- Allen K
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr Jim Kelly
- LPA reference
- 2023/5064/PA
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 6 March 2024
Summary AI
The inspector dismissed both appeals due to concerns about the proximity of the proposed dwelling to a sewage treatment works, which could affect the living conditions of future occupants due to odour. The inspector noted that while there was no substantive evidence of the impact of the odour, a precautionary approach was taken due to the potential harm.
PDF text
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — by K Allen MEng (Hons) MArch PGCert ARB an Inspector appointed by the Secretary of State Decision date: 04 June 2024
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — Sibbertoft Barn, Welford Road, Sibbertoft LE16 9UL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and 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 James Patrick Kelly against the decision of West Northamptonshire Council. • The application Ref is 2023/5064/PA. • The development proposed is described as ‘Class Q Prior Approval for the conversion of an agricultural barn to 1 larger dwellinghouse (Class C3)’.
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — Sibbertoft Barn, Welford Road, Sibbertoft LE16 9UL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and 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 James Patrick Kelly against the decision of West Northamptonshire Council. • The application Ref is 2023/7680/PA. • The development proposed is described as ‘Class Q Prior Approval for the conversion of an agricultural barn to no.1 dwellinghouse (Class C3)’.
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — agricultural building to a Class C3 dwellinghouse, prior approval is required in https://www.gov.uk/planning-inspectorate
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — agricultural building to a Class C3 dwellinghouse, prior approval is required in https://www.gov.uk/planning-inspectorate
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — agricultural building to a Class C3 dwellinghouse, prior approval is required in Appeal Decisions APP/W2845/W/23/3331971 & APP/W2845/W/24/3339084 respect to a number of matters, including whether the location or siting of the development make it impractical or undesirable for the use of the building to change. 5. The main issue is whether the location and siting of the building make it undesirable for the building to change to a dwellinghouse, in terms of its effect on the living conditions of future occupiers of the proposed dwellinghouse, with particular regard to odour. Reasons 6. The appeal site is in close proximity to an existing sewage treatment works (STW), which is located to the east. 7. At the time of my visit, I was able to smell an unpleasant odour emanating from the STW. Whilst I am mindful that this is a snapshot of time, so too are the findings of the Odour Assessment, notwithstanding best practice guidance for undertaking odour surveys. I have no substantive evidence of whether the odour is intermittent or frequent and what its impact on the living conditions of future occupiers is likely to be. In the absence of such evidence, I cannot be satisfied that the future occupiers of the dwellings would not be adversely affected by odour from the STW. 8.
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — agricultural building to a Class C3 dwellinghouse, prior approval is required in I note that the existing mature boundary hedge would prevent views between the proposal and the STW and that the site operates in line with regular procedures in respect of odour abatement. The Council refer to a 400m ‘cordon sanitaire’, however there is no policy basis for this and there are existing residential properties approximately 230m to the east of the STW. Nevertheless, this separation distance is significantly greater than that between the proposal and the STW. Overall, these matters do not alleviate my concerns as set out above. 9. I acknowledge that no objections were raised by Anglian Water and that STW are not explicitly listed within the Planning Practice Guidance (PPG) as a use that may be undesirable in close proximity to a new dwelling. However, a lack of response does not indicate support nor is the list within the PPG exhaustive. As such, these are neutral matters which neither weigh in favour of nor against the proposal. 10.
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — agricultural building to a Class C3 dwellinghouse, prior approval is required in Consequently, in respect of both Appeal A and Appeal B, I must take a precautionary approach and conclude that the location and siting of the building would make it undesirable for the building to change to a dwellinghouse, in terms of its effect on the living conditions of future occupiers of the proposed dwellinghouse, with particular regard to odour. Therefore, the proposal would not meet condition Q.2(1)(e) of the GPDO and prior approval cannot be given. Conclusion 11. For the reasons given above, I conclude that both Appeal A and Appeal B should be dismissed.
Sibbertoft Barn , Welford Road , Sibbertoft , LE16 9UL — West Northamptonshire — K Allen INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶7
The inspector was concerned about the potential impact of the odour from the sewage treatment works on the living conditions of future occupants of the proposed dwellinghouse.
Living conditions Against appellant ¶10
The inspector concluded that the location and siting of the building would make it undesirable for the building to change to a dwellinghouse, in terms of its effect on the living conditions of future occupiers of the proposed dwellinghouse, with particular regard to odour.
Policies relied on
| Reference | Weight |
|---|---|
| GPDO Q.2(1)(e) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 4 June 2024 under the Open Government Licence.