Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD
Ribble Valley Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 8 May 2025
- Authority
- Ribble Valley Borough Council
- Inspector
- Brook S
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr & Mrs Bennett
- LPA reference
- 3/2024/0545
- ONS LPA code
- E07000124
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 February 2025
Summary AI
The appeal was dismissed because the proposed building works would not be reasonably necessary for the conversion of the building to a dwellinghouse, and would therefore not be permitted development under Schedule 2, Part 3, Class Q(b) of the GPDO.
PDF text
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Site visit made on 30 April 2025 by S Brook BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 08 May 2025 Appeal Ref: APP/T2350/W/25/3359173 Pinfold Farm, Preston Road, Ribchester, Lancashire PR3 3YD • 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 & Mrs Bennett against the decision of Ribble Valley Borough Council. • The application reference is 3/2024/0545. • The development proposed is described as ‘Proposed change of use of a building from agricultural to residential use’. Decision 1. The appeal is dismissed. Preliminary Matters 2. In the banner heading above, I have omitted any wording from the description of the development used on the application form which does not describe an act of development. 3.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision From 21 May 2024, the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024/579 came into force, which made changes to Schedule 2, Part 3 Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015, (the GPDO). Transitional arrangements are set out under Article 10 of the amending Order. Where development is permitted by Class Q immediately before 21 May 2024, but not on or after that date, the developer may make a prior approval application in relation to the previously permitted development under Class Q until the end of 20 May 2025. 4. The application form accompanying this appeal confirms that the application was made with the intention to use the permitted development right as it stood prior to 21 May 2024. As such, I have considered the appeal against Schedule 2, Part 3, Class Q of the GPDO as it stood prior to 21 May 2024. Background and Main Issues 5.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Under Article 3(1) and Schedule 2, Part 3, Class Q of the GPDO, planning permission is granted for (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 use class C3 (dwellinghouses) together with (b) building operations reasonably necessary to convert the building to a dwellinghouse, subject to specified limitations and conditions. https://www.gov.uk/planning-inspectorate
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Under Article 3(1) and Schedule 2, Part 3, Class Q of the GPDO, planning permission is granted for (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 use class C3 (dwellinghouses) together with (b) building operations reasonably necessary to convert the building to a dwellinghouse, subject to specified limitations and conditions. https://www.gov.uk/planning-inspectorate
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Appeal Decision APP/T2350/W/25/3359173 6. Paragraph Q.1(i) indicates that development is not permitted by Class Q(b) if it would consist of building operations other than the installation or replacement of windows, doors, roofs, or exterior walls, or water, drainage, electricity, gas or other services, to the extent reasonably necessary for the building to function as a dwellinghouse, and partial demolition to the extent reasonably necessary to carry out such works. 7. Paragraph Q.2(1) requires the developer to apply to the local planning authority to determine whether the prior approval of the authority will be required as to a number of specified matters. 8. In respect of paragraph Q(b), the Council contend that the proposal does not comply with the limitations of paragraph Q.1(i) on the basis that the building operations proposed would go beyond what could reasonably be considered a conversion.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Further, the Council consider that even if the proposal were permitted development, it would not be acceptable with respect to the prior approval matters relating to whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to use as a dwellinghouse, and the design or external appearance of the building. 9. Therefore, the first main issue in this appeal is (a) whether the proposal would be permitted development under Schedule 2, Part 3, Class Q of the GPDO, having regard to the extent of building operations proposed and whether they are reasonably necessary for the building to function as a dwellinghouse. Only if this requirement is met, will it be necessary to go on and consider, (b) whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a dwellinghouse, with particular regard to pedestrian access and parking provision, and (c) whether the design and external appearance of the proposal is suitable having regard to the effect on the character and appearance of the building and the area. Reasons Extent of Building Operations 10.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision While building works are allowed under the right permitting agricultural buildings to change to residential use, as set out above, the Planning Practice Guidance (PPG)1 sets out that the right assumes that the agricultural building is capable of functioning as a dwelling. The PPG clarifies that it is not the intention of the permitted development right to allow rebuilding work which would go beyond what is reasonably necessary for the conversion of the building to residential use, and that it is only where the existing building is already suitable for conversion to residential use that the building would be considered to have the permitted development right. It also clarifies that internal works are not generally development, and for the building to function as a dwelling it may be appropriate to undertake internal structural works, including to allow for a floor, or upper floors. 11. What may constitute ‘reasonably necessary’ is not defined in either the GPDO or PPG.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Relevant caselaw2 has established that the building must be capable of conversion to residential use without operations amounting to complete or substantial re-building of the pre-existing structure or, in effect, the creation of a 1 Paragraph: 105 Reference ID: 13-105-20180615 2 Hibbitt and another v Secretary of State for Communities and Local Government (1) and Rushcliffe Borough Council (2) [2016] EWHC 2853 (Admin) https://www.gov.uk/planning-inspectorate 2
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Relevant caselaw2 has established that the building must be capable of conversion to residential use without operations amounting to complete or substantial re-building of the pre-existing structure or, in effect, the creation of a 1 Paragraph: 105 Reference ID: 13-105-20180615 2 Hibbitt and another v Secretary of State for Communities and Local Government (1) and Rushcliffe Borough Council (2) [2016] EWHC 2853 (Admin) https://www.gov.uk/planning-inspectorate 2
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Appeal Decision APP/T2350/W/25/3359173 new building. Whether the extent of work required would comprise conversion or rebuild is therefore a matter of planning judgement. 12. The appeal building is a steel portal framed building, with timber purlins supporting a fibre cement sheet roof and solar panels, a solid concrete floor and low stone/blockwork walls, with timber boarding above. It has double door openings to either end, and a further single door to the southwest elevation. The proposal seeks to change the use of the building to a dwellinghouse, comprising single storey accommodation, with associated building operations. 13. The appeal building has been subject to a structural survey by Paul Snape Consulting, dated June 2024. This confirms that the columns for the portal frame, the steelwork and timber purlins to the roof, the concrete walls and the concrete floor slab are all in generally good condition. The proposed plans and supporting information confirm that these existing elements of the agricultural building would be retained. 14. I appreciate that for the building to function as a dwelling it may be appropriate to undertake internal works.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision The structural survey references a number of internal works required to provide wall and floor insulation, and internal partitions, along with those further works required to provide the glazing and doorways. It states that the existing slab would be adequate to build the new internal walls off, that the existing foundations would not be affected by the conversion, that the steel frame would not be subject to any additional loading, and that neither would require any modification. It concludes that the building is suitable for conversion to form a dwelling without any significant rebuild. However, this is having stated that ‘there is no reason why the majority of the external elements of the building could not be retained’. 15. In this context, I note that the plans appended to the structural survey differ from those provided with the appeal. The plans appended to the structural survey reference the repair of existing roof and modification of the existing timber boarding, rather than replacement. 16. In contrast, the appeal drawings indicate that the existing fibre cement roof would be replaced by a powder coated metal roof, and that external timber cladding is proposed to replace the existing timbers.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision This appears to extend to all elevations and to floor level. The existing opening to the southeast elevation would be modified to provide bi-fold doors, while the existing opening to the northwest would be removed, replaced by timber cladding. Five new window openings with louvres would be fitted to the northeast elevation, and four new windows, one with a louvre, and a re-positioned door would be located to the southwest elevation. Combined, these proposed works would form a substantial part of the building’s façade, comprising replacement of much of the external envelope of the building. 17. From the available information, I cannot be certain that the structural engineer has had sight of the appeal drawings, or that the same conclusions would have been reached, in light of the changes made. 18. I acknowledge that the proposed works shown on the drawings are among those specified by Paragraph Q.1(i) of the GPDO. However, given the extent of these works externally, they would be more akin to a rebuild rather than a conversion. Only the existing frame, floor slab and low walling would be retained, none of which would form part of the building’s exterior.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Additionally, there is a lack of https://www.gov.uk/planning-inspectorate 3
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Additionally, there is a lack of https://www.gov.uk/planning-inspectorate 3
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Appeal Decision APP/T2350/W/25/3359173 certainty as to the applicability of the findings of the structural survey to the appeal scheme, given that it is based on different plans to those before me. As such, I am not satisfied from the available evidence, that the proposed works to the building to accommodate a dwelling would amount to a conversion of the existing building, rather than a rebuild. 19. For the purposes of Class Q(b), I therefore conclude that the extent of the building operations proposed would not be reasonably necessary to convert the building to a dwellinghouse. The proposal would therefore not be permitted development under Schedule 2, Part 3, Class Q(b) of the GPDO. 20. My attention has been drawn to the conversion of a building nearby, also at Pinfold Farm3, which the appellant considers comparable in terms of the external and internal changes proposed for its use as a dwellinghouse. I appreciate the importance of consistency in the decision-making process. 21. The available information suggests that this other building was of a similar construction to the appeal scheme, and the proposed plans include reference to powder coated metal sheeting to the roof and timber cladding to the elevations.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision However, it is unclear from the plans provided, whether the timber cladding was modified or new. Further, I have not been provided with the Council’s Officer Report for this other proposal, in order for me to understand how the proposed building works were considered. Within the associated appeal decision, the extent of the building works proposed was not a matter in dispute. As such, I cannot be certain from the information provided that this example is comparable to the appeal scheme, or that I would have reached the same conclusions as the Council, with regards to the extent of building operations proposed. 22. I have also been referred to an appeal decision at Tithe Barn Lane, Bardsey4, which I have considered carefully in relation to matters such as the extent of internal and external works and the findings of the structural survey. However, that appeal scheme involved the retention of the existing vertical timber cladding above the blockwork walls, as well as the fibre cement roof. As such, this example is not directly comparable to the appeal scheme in terms of the extent of the external envelope to be retained or replaced. 23.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — Appeal Decision Given my findings in relation to Class Q(b), there is no need for me to go on and consider the prior approval matters of whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a dwellinghouse, or the design or external appearance of the building, as it would not alter the outcome of the appeal. Conclusion 24. For the reasons given above, I conclude that the appeal should be dismissed.
Barn at 2 Pinfold Farm Barn, Preston Road, Ribchester, Preston, Lancashire, PR3 3YD — Ribble Valley Borough Council — S Brook INSPECTOR 3 APP/T2350/W/21/3274371 4 APP/N4720/W/19/3219850 https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Heritage impact Against appellant ¶6
The appeal building's proposed works would replace much of the external envelope of the building, which is not considered a conversion.
Flood risk Neutral ¶null
No mention of flood risk in the decision letter.
Living conditions Against appellant ¶22
The location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a dwellinghouse.
Green belt Neutral ¶null
No mention of green belt in the decision letter.
Agricultural land Neutral ¶null
No mention of agricultural land in the decision letter.
Ecology and biodiversity Neutral ¶null
No mention of ecology and biodiversity in the decision letter.
Trees and landscape Neutral ¶null
No mention of trees and landscape in the decision letter.
Parking Against appellant ¶22
The location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a dwellinghouse.
Heritage impact Against appellant ¶21
The design or external appearance of the building is not suitable having regard to the effect on the character and appearance of the building and the area.
Planning obligations Neutral ¶null
No mention of planning obligations in the decision letter.
Conditions Neutral ¶null
No mention of conditions in the decision letter.
External appearance Against appellant ¶21
The design or external appearance of the building is not suitable having regard to the effect on the character and appearance of the building and the area.
Affordable housing Neutral ¶null
No mention of affordable housing in the decision letter.
Housing land supply Neutral ¶null
No mention of housing land supply in the decision letter.
Flood risk Neutral ¶null
No mention of flood risk in the decision letter.
Character and appearance Against appellant ¶21
The design or external appearance of the building is not suitable having regard to the effect on the character and appearance of the building and the area.
Highway safety Neutral ¶null
No mention of highway safety in the decision letter.
Other Against appellant ¶null
The appeal was dismissed because the proposed building works would not be reasonably necessary for the conversion of the building to a dwellinghouse, and would therefore not be permitted development under Schedule 2, Part 3, Class Q(b) of the GPDO.
Policies relied on
| Reference | Weight |
|---|---|
| GPDO Q.1(i) |
Determinative |
| Paragraph Q.2(1) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 8 May 2025 under the Open Government Licence.