Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN
Babergh District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 20 May 2025
- Authority
- Babergh District Council
- Inspector
- Price J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Timothy Rix
- LPA reference
- DC/24/03980
- ONS LPA code
- E07000200
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 16 January 2025
Summary AI
The appeal for change of use of annex to holiday let was allowed, despite conflicting with JLP policies SP03 and LP13, due to material considerations such as demand for holiday accommodation and economic benefits.
PDF text
Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN — Babergh District Council — Appeal Decision Site visit made on 12 May 2025 by Jonathan Price BA(Hons) DipTP DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 20 May 2025 Appeal Ref: APP/D3505/W/24/3357719 Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk IP14 2EN • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr T Rix against the decision of Mid Suffolk District Council. • The application Ref is DC/24/03980. • The development proposed is change of use of annex to holiday let, plus change of use of home office to provide additional accommodation for holiday lets. Decision 1. The appeal is allowed and planning permission is granted for change of use of annex to holiday let, plus change of use of home office to provide additional accommodation for holiday lets at Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk IP14 2EN in accordance with the terms of the application, Ref DC/24/03980, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision.
Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN — Babergh District Council — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 938.24.01, 938.24.02. 3) The development shall be occupied as holiday accommodation only and shall not be occupied as a sole or main place of residence. An up-to-date register shall be kept at the holiday accommodation hereby permitted and be made available for inspection by the local planning authority upon request. The register shall contain details of the names of all of the occupiers of the accommodation, their main home addresses and their date of arrival and departure from the accommodation. Main Issues 2. Whether the proposal would be appropriate in respect of development plan policy and any other material considerations. Reasons 3. The existing building was permitted in 20181 as semi-detached accommodation with a holiday unit to one side, a residential annex to the other and a small office space at the front. The proposal is to change the use of the annex to provide a 1 Council ref DC/18/01306 https://www.gov.uk/planning-inspectorate
Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN — Babergh District Council — Appeal Decision Appeal Decision APP/D3505/W/24/3357719 second holiday let, with the two then subsuming half each of the office as additional storage space. 4. Since the building was approved the Council has adopted the 2023 Babergh and Mid Suffolk Joint Local Plan (JLP). The single reason for refusal is over the proposal’s conflict with JLP policies SP03 and LP13. Policy SP03 provides for the sustainable location of new development whereby this proposal, in being outside the defined settlement boundaries, would be supported only where according with one of the JLP policies listed. 5. Listed Policy LP13 is that relevant to this particular proposal. This would only be supportive of applications for tourist accommodation outside settlement boundaries on an exceptional basis and where meeting three criteria - a), b) and c). The proposal relates to an existing building, requiring only very minor changes to its external appearance, satisfying criterion b) as sympathetic to the character of the area. This factor also satisfies one of the underlying reasons for the restriction of development outside settlement boundaries by JLP Policy SP03.
Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN — Babergh District Council — Appeal Decision This is for planning decisions to conserve and enhance the natural environment including by recognising the intrinsic character and beauty of the countryside, as required under paragraph 187 b) of the National Planning Policy Framework (the Framework). 6. The second underlying reason for the restraint imposed on development in the countryside through JLP Policy SP03 relates to the Framework requirement to actively manage patterns of growth in support of sustainable transport. In this regard, the proposal is not located to be accessible by a range of transport modes as required under criterion c) of JLP Policy LP13. 7. The proposal meets a strong demand for holiday accommodation in this location. Whilst this might not amount to the overriding business need required under criterion a) of Policy LP13, it remains a material consideration in favour. Moreover, the proposal relates to an existing building where the annex accommodation would already generate journeys by private car. Evidently, the current building replaced a former commercial use at this site. Given these factors, I find little tangible harm to arise from this proposal, which would provide some economic benefits in meeting a demand for tourist accommodation.
Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN — Babergh District Council — Appeal Decision In this case, material considerations would indicate a decision otherwise than in full accordance with JLP policies SP03 and LP13. Conclusion 8. In addition to those establishing the period for commencement and the plans approved, a third condition is necessary to ensure the proposal provides the holiday accommodation upon which this decision is based. Subject to these, I conclude the appeal succeeds.
Wilbur’s View, Blackberry Annexe, Tannery Road, Combs, Suffolk, IP14 2EN — Babergh District Council — Jonathan Price INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Green belt Against appellant ¶2-3
The proposal conflicts with JLP policies SP03 and LP13, which restrict development outside settlement boundaries.
Flood risk Neutral ¶5
The proposal relates to an existing building, requiring only very minor changes to its external appearance, and satisfies criterion b) as sympathetic to the character of the area.
Highway safety Neutral ¶5
The proposal is not located to be accessible by a range of transport modes as required under criterion c) of JLP Policy LP13.
Living conditions For appellant ¶7
The proposal meets a strong demand for holiday accommodation in this location, which remains a material consideration in favour.
Policies relied on
| Reference | Weight |
|---|---|
| SP03 |
Substantial |
| LP13 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 20 May 2025 under the Open Government Licence.