land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Site visit made on 17 September 2024 by M Clowes BA (Hons) MCD PG CERT (Arch Con) MRTPI an Inspector appointed by the Secretary of State Decision date: 02 OCTOBER 2024 Appeal A Ref: APP/Z2315/W/24/3345399 Land and Buildings on the North East Side of Hameldon Road, Hapton, Lancashire BB11 5QN • 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 Ernie Howard against the decision of Burnley Borough Council. • The application Ref is PAR/2024/0149. • The development proposed is change of use of an agricultural building plus associated operational development to form 1 dwelling.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Appeal B Ref: APP/Z2315/W/24/3345403 Land and Buildings on the North East Side of Hameldon Road, Hapton, Lancashire BB11 5QN • 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 Ernie Howard against the decision of Burnley Borough Council. • The application Ref is PAR/2024/0150. • The development proposed is change of use of an agricultural building plus associated operational development to form 1 dwelling. Decisions 1. Appeal A is dismissed. 2. Appeal B is dismissed. Procedural Matters and Main Issues 3. The appeals relate to 2 separate, former agricultural buildings, on 2 different sites within proximity to each other, owned by the appellant. 4. The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) enables certain types of development to take place without the need for specific planning permission, provided certain criteria are met.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Schedule 2, Part 3, Class Q of the GPDO permits development https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Schedule 2, Part 3, Class Q of the GPDO permits development https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision consisting of (a) 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) of the schedule to the Use Classes Order, and (b) building operations reasonably necessary to convert the buildings referred to in paragraph (a) above. The descriptions of development in the banner heading above, are taken from the respective application forms. 5. The Council’s decision notices in relation to appeals A and B contain 2 identical reasons for refusal. To avoid duplication and because there are common matters between them, I have dealt with the appeals together, but on their own merits. Paragraph W(10)(b) of Schedule 2, Part 3 of the GPDO requires that regard must be had to the National Planning Policy Framework (the Framework), so far as is relevant to the subject matter of the prior approval. 6. Whilst the Planning Practice Guidance advises that statutory requirements relating to prior approval are much less prescriptive than those relating to planning applications1, nonetheless the GPDO sets out clear conditions that are to be met in order for prior approval to be granted. 7.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision The Council’s evidence including its decision notices, raises substantive matters only in respect of conditions Q2(1)(a) and (f), such that I have taken the view that these are the only matters that are disputed. 8. Consequently, the main issues in this appeal are; • Whether prior approval should be granted for appeals A and B in respect of the transport and highways impacts of the development, set out in condition (a) of Q2(1); and • Whether prior approval should be granted for appeals A and B in respect of the design or external appearance of the building, set out in condition (f) of Q2(1). Reasons Transport and Highway Impacts (Q2(1)(a)) Appeals A and B 9. Whether or not it is the Government’s intention to release former agricultural buildings to increase the supply of housing, matters to be determined during the prior approval process include the transport and highway impacts of the proposed development2. 10.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Paragraph 114(b) of the Framework requires that safe and suitable access to the site can be achieved for all users and paragraph 115 confirms that development should only be refused on highways grounds, insofar as it relates to this appeal, if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. 1 Planning Practice Guidance Paragraph: 028 Reference ID: 13-028-20140306. 2 Paragraph Q.2(1)(a) of Schedule 2, Part 3 of the GPDO. https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Paragraph 114(b) of the Framework requires that safe and suitable access to the site can be achieved for all users and paragraph 115 confirms that development should only be refused on highways grounds, insofar as it relates to this appeal, if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. 1 Planning Practice Guidance Paragraph: 028 Reference ID: 13-028-20140306. 2 Paragraph Q.2(1)(a) of Schedule 2, Part 3 of the GPDO. https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision 11. Outside the appeal site, Hameldon Road is a national speed limit country lane, generally single carriageway width with occasional passing places. It serves a number of dwellings and businesses and at the time of my visit was lightly trafficked. The appeal proposals would utilise the existing access track onto Hameldon Road. 12. The Highway Authority has expressed concerns about the intensification of use of Hameldon Road arising from the appeal proposals, and particularly the safety of the junction onto the A679 Burnley/Accrington Road, which forms a crossroads with Manchester Road. However, the Highway Authority’s evidence relies on comments made in respect of a previous proposal which are not before me in full. Notwithstanding the provision of the Highway Authority’s written statement, there is no explanation before me as to the extent the junction is considered deficient with regard to visibility, particularly given the 30mph speed restriction and lightly trafficked nature of Hameldon Road. Nor have I been provided with up-to-date accident reports. 13.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision I understand that a planning application for the conversion of a barn to 3 dwellings was refused and dismissed on appeal due to concerns relating to the increase of traffic using Hameldon Road and the A679 junction3. It seems with that appeal case, the Inspector was presented with information relating to the visibility splays of the junction and accident data, along with a Transport Statement including a speed survey. The Inspector considered the that the geometry of the A679, vehicles travelling above the speed limit combined with below standard visibility at the junction, presented a safety risk to users of the highway. This decision is now 8 years old and the traffic circumstances may well have changed in the intervening period. 14. Although a snapshot in time, I was able to see for myself that visibility to the left-hand side of the Hameldon Road/A679 junction, did appear to be reduced due to the bend in the road and the presence of parked cars and vegetation within the front gardens of the Lane Ends terrace. Visibility to the right-hand side is also dependent on views across third party land over the frontage of the Hapton Inn.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision This is likely to make turning out of Hameldon Road difficult, as approaching cars may not always be visible and the crossroads nature of the junction produces traffic competing for access. 15. Since the previous appeal decision, the Council has permitted one new dwelling that would also use Hameldon Road to access the A6794. I have been presented with very little information regarding the traffic considerations which led to this approval. Although reference was made to the incremental addition to the number of dwellings affecting highway safety, I am advised that the Highway Authority did not object. I find the Highway Authority’s position to not be entirely clear with regard to what capacity there is, if any, for additional traffic to use the Hameldon Road junction without compromising its safety. The appellant has not provided their own evidence to clearly demonstrate there is capacity for additional vehicles to use this junction. 16. Inference is made in the email exchange between the Highway Authority and the Council that another dwelling may also have been approved with access 3 Planning application AR/NOT/2015/0591 and appeal decision APP/Z2315/W/16/3146537. 4 Planning reference number AR/NOT/2017/0149.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision from Hameldon Road but I have no conclusive evidence that this is the case, to be able to consider it further5. 17. The appellant suggests that the buildings were accessed daily for feed and mucking out in relation to pig rearing, such that the proposed vehicular movements would be offset by the removal of agricultural traffic. However, the evidence indicates that the agricultural use of the buildings ceased 4 or 5 years ago,6 such that the current traffic generation to and from the buildings appears to be nil. Nonetheless, the buildings are located within a large field, that whilst not in use at the time of my visit, could be used for grazing purposes including necessary trips by farm vehicles. 18. The number of additional movements associated with the use of a single dwelling would be relatively small. Nonetheless, the proposals would individually and cumulatively, materially increase the numbers of vehicles using Hameldon Lane and therefore, the access with the A679. This would particularly be the case, if such movements are in addition to existing agricultural traffic. 19. The light touch approach to prior approvals does not mean that prior approval is automatically given.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision It is clear from the previous Inspector’s decision that there has been a safety concern in the past and that Hapton Parish Council consider the road to be dangerous. Traffic use of the substandard junction has already incrementally increased through the previous approval(s). These proposals would intensify that use further both individually and collectively. In the absence of any more recent data or proposals to improve the Hameldon Road/A679 junction, I cannot be certain that the traffic and highways impacts of the proposals would be acceptable. It is therefore reasonable to take a precautionary approach. 20. For the reasons given above, I conclude that the proposed development would have an unacceptable transport and highways impact such that it would fail to comply with the condition set out at paragraph Q.2(1)(a), Part 3, Class Q of Schedule 2 of the GPDO. It would fail to comply with 114(b) of the Framework as set out above. External Appearance (Q2(1)(f)) 21. Alterations to change a building’s appearance are not necessarily permitted development.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Where prior approval is required in relation to the effect of development on the ‘external appearance’ of a building, it will be a matter of planning judgment as to whether any design changes are appropriate given the building’s intrinsic design. 22. Both appeal sites are located on a hillside in the open countryside. The single storey buildings are separated from each other and the narrow rural lane of Hameldon Road, by grazing land. Although there are small clusters of buildings located alongside Hameldon Road, the surrounding area consists of sparsely developed undulating countryside, characterised by grassland with scattered trees, often enclosed by traditional stone walls. 5 As set out at appendix 2 of the Council’s statement of case in relation to appeal APP/Z2315/W/24/3345403. 6 Paragraph 4.5 and document 2 of the appellant’s statement of case. https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision 23. Although not traditional vernacular barns, they are typical of modern rural agricultural buildings. Consequently, while they are not of a high-quality design or of any particular merit, they are simple, functional buildings characteristic of the surrounding farmed landscape. Appeal A Building 24. The appeal building comprises a field barn. It is constructed rudimentarily from breeze block walls with a shallow pitched corrugated sheet roof joined by a central, narrow and flat plastic gully, such that it already has an unusual form. Currently, the appeal building has just 2 door openings, one at either gable end such that it has a plain, utilitarian appearance. There are no boundaries separating the barn from the field, nor existing areas of hardstanding around the building, with the exception of the raised platform to the northern side. 25. The conditions of the Class Q prior approval process, allows certain building operations to take place, such as the insertion of windows. However, this right assumes that the agricultural building is capable of functioning as a dwelling. A building without windows would clearly not make a particularly pleasant dwelling, and this building has few openings that could be repurposed.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision 26. The proposed conversion would introduce a large number of new openings into the blank elevations that would also be of domestic proportions and style. The currently solid, functional appearance of the building would therefore be significantly eroded. By virtue of the unusual form of the building and the proposed extensive domestication, the proposed dwelling would not be easily read as a converted agricultural building. This would be exacerbated by the provision of a conspicuous car parking area and bin and cycle storage to the front, as well as a terrace to the rear. 27. Clear views would be afforded from Hameldon Road and the public footpath to the south and east, where the conversion would appear to urbanise its setting. It would be particularly conspicuous during the hours of darkness or inclement weather due to light spillage from the number of glazed openings. 28. Thus, the proposal would diminish and erode the rural agricultural character and appearance of the buildings, rather than retain it. It would not be typical of traditional rural dwellings that are characteristic of the countryside, and the use of agricultural finishes would not wholly mitigate its appearance and contrived form.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision Given its visibility and incongruous appearance, the proposal would not complement the surrounding farmed landscape context, thereby diminishing local distinctiveness. Appeal B Building 29. The appeal building comprises a small single storey structure of breeze block and render. The mono-pitched roof has largely been lost, save for a central section comprising corrugated sheeting. The building includes a large opening to the western elevation and a window style opening to the east. Again it has a solid, functional appearance consistent with its former agricultural use. A small concrete pad exists adjacent to the north. The https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision appellant suggests that there is an existing access to the building7. While there is an existing access from Hameldon Road, it turns north after appeal A building to head towards Wayside Cottage8. My observations indicated that the area between the existing track and building was grassed over, other than a concrete pad close to the building9. From the evidence before me, it does not appear that there is a complete track that serves the existing building. 30. The proposal would introduce a number of openings some of which would be high level horizontal openings and others that would be domestic in style and proportions. Combined with the mono-pitched form, the resultant building would not appear either typically domestic or agricultural in appearance. Due to its narrow mono-pitched form the resultant conversion would have an alien appearance, untypical of rural buildings that would not be mitigated by the use of agricultural finishes. It would not be clearly read as a former agricultural building. Its impact would be worsened by its position isolated from other buildings and boundaries. 31.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision The proposed development would be conspicuous in close range views from the footpath to the east, as well in more distant views from the footpath/track to the south and Hameldon Road to the south-west. Without any compelling evidence to the contrary, it would appear that further external works would be required to extend and formalise the track to the proposed car parking area. This would exacerbate the urbanising effect that the proposal would have on the rural character of the countryside. Conclusion – External Appearance Appeals A and B 32. The design and external appearance of the proposals in relation to appeals A and B would harm the simple, agricultural character of the buildings and their countryside setting. 33. I conclude that the proposed developments would have an unacceptable effect with regard to the design or external appearance of the buildings. They would fail to comply with the condition set out at paragraph Q.2(1)(f), Part 3, Class Q of Schedule 2 of the GPDO.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — Appeal Decision The proposals would therefore conflict with the relevant aims of the Framework, including that the development should add to the overall quality of the area, be sympathetic to local character including the surrounding built environment and landscape setting, and maintaining a strong sense of place10. Conclusion 34. For the reasons given, prior approval should not be granted. Appeal A and appeal B are dismissed.

land and buildings on northeast side of Hameldon Road , Hapton, Burnley , Lancashire , BB11 5QN — Burnley Borough Council — M Clowes INSPECTOR 7 Paragraph 2.1 of the appellant’s statement of case. 8 As indicated on the existing site plan. 9 Noting that some of the external ground area was covered in piled material. 10 Paragraph 135 of the Framework. https://www.gov.uk/planning-inspectorate - Appeal decisions APP/Z2315/W/24/3345399 and APP/Z2315/W/24/3345403.