Case 3361823

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN

Ribble Valley Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
21 July 2025
Authority
Ribble Valley Borough Council
Inspector
Heron E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Miss Laura Howe
LPA reference
3/2024/1043
ONS LPA code
E07000124
Jurisdiction
Transferred
Link status
Not Linked
Start date
19 March 2025

Summary AI

The appeal was dismissed due to the Inspector's conclusion that the proposed development would not fall within the scope of permitted development under Class Q of the GPDO. The proposal was deemed to be a fresh build, rather than a conversion, due to the extensive work required to enable the buildings to function as dwellings.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — Appeal Decision Site visit made on 30 June 2025 by E Heron MRTPI an Inspector appointed by the Secretary of State Decision date: 21 July 2025 Appeal Ref: APP/T2350/W/25/3361823 Pewter House Farm, Commons Lane, Balderstone, Lancashire BB2 7LN • 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 Miss Laura Howe against the decision of Ribble Valley Borough Council. • The application Ref is 3/2024/1043. • The development is described as Prior Approval under Class Q (a) and (b) for the proposed change of use of three adjoining steel portal frame agricultural structures to five dwellings Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development was changed by the Council and the appellant has stated that they have no objection to the amended description. On this basis and for clarity, I have used it in my heading. Background and Main Issues 3. The appeal relates to three adjoining steel portal frame agricultural buildings at Pewter House Farm.

Page 1 · Chunk 1 Appeal Decision

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — Appeal Decision Class Q of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (the GPDO), permits development consisting of 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). It also allows for the change of use together with building operations reasonably necessary to convert the building for that purpose or to extend that building. 4. The Council considers that the proposal would fail to comply with Class Q1. This states that development under Class Q is not permitted if it would consist of building operations other than: (i) the installation or replacement of – (aa) windows, doors, roofs or exterior walls, or (bb) water, drainage, electricity, gas or other services, to the extent reasonably necessary for the building to function as a dwellinghouse, and (ii) partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph Q.1.(j)(i). 5. Consequently, the main issue is whether the proposal would constitute permitted development under Article 3, Schedule 2, Part 3, Class Q of the GPDO. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — Appeal Decision Appeal Decision APP/T2350/W/25/3361823 Specifically, with regard to whether the building operations would go beyond what is reasonably necessary for the building to function as a dwellinghouse. Reasons 6. The three subject buildings are adjoining steel portal framed structures on concrete slabs. All three are predominantly open to the front elevation with wide and tall openings and are roofed with corrugated sheets and rooflights. Lower walls are a combination of blockwork and horizontally laid railway sleepers. Upper walls are predominantly corrugated sheets and some Yorkshire boarding. The northeastern building is open below the upper walls throughout, including part of the side that adjoins the central building. In general, the cladding and walling is intact, other than in isolated areas. 7. Advice on the interpretation of Class Q is contained within paragraph 105 of the Planning Practice Guidance (PPG). It advises 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. The guidance also draws attention to relevant caselaw1 on the difference between conversion and a rebuild.

Page 2 · Chunk 3 Appeal Decision

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — Appeal Decision The latter would not be permissible under Class Q, but the judgment in each case is one of fact and degree. 8. The appellant has provided a report from a civil engineer. Whilst this concludes that the existing buildings are in good structural condition, it also indicates that the proposed new internal walls would be structurally independent of the existing steel frame. 9. The report also stops short of stating that the walling, cladding and roofing materials would be retained. Instead, it refers to an expectation of retention and notes that there is ‘no reason why,’ the majority of external elements could not be retained. In addition, the elevation drawings are annotated in a manner to allow for cladding repairs and new cladding but falls short of specific detail. This provides no certainty of retention of cladding or roofing material, regardless of their structural integrity. This is particularly pertinent as it was clear from my own observations on site that the cladding and walling shows signs of wear, with some isolated areas broken, and it is of a dated appearance. 10.

Page 2 · Chunk 4 Appeal Decision

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — Appeal Decision Significant new building work would also be required to close up the large frontage openings, and the extensive open elements of the northeastern building. This is regardless of the fact that these new build elements are designed to be set back from the front and rear elevations. 11. As such, I consider that the proposal would amount to a fresh build, as there would be no certainty of reliance on the existing building other than the concrete slab, and extensive work would be required to enable the buildings to function as dwellings. 12. For these reasons, I conclude that the proposal would not fall within the scope of that permissible under Class Q of the GPDO. Accordingly, the proposal would not be permitted development. 1 Hibbitt and Another v SSCLG (1) and Rushcliffe Borough Council (2) [2016] EWHC 2853 (Admin) https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — Appeal Decision Appeal Decision APP/T2350/W/25/3361823 Other Matters 13. Considerations in relation to prior approval, including design or external appearance of the building, and transport and highway impacts, are a follow-on condition stage under section Q2. As the proposal would fail to constitute permitted development, there is no need to consider whether prior approval is required. 14. I have been referred to various appeal decisions in support of both parties cases. With regard to the appeal decisions2 supplied by the Appellant, the full details of the evidence presented to the Inspector has not been provided. There is a lack of supporting details for an application3 approved by the Council. Consequently, I am unable to establish whether there are any direct parallels between the cases referenced and the scheme before me, that would lead me to alter my conclusion on the main issue. I have considered this appeal proposal on its own merits and concluded that it would be unacceptable for the reasons set out above. Conclusion 15. For the reasons given above, I conclude the appeal should be dismissed.

Page 3 · Chunk 6 E Heron

Pewter House Farm Carr Lane, Balderstone, BLACKBURN, BB2 7LN — Ribble Valley Borough Council — E Heron INSPECTOR 2 APP/C2708/W/18/3195602; APP/R3325/W/18/3207255; APP/P1045/W/24/3342866; APP/L3245/W/21/3269754; APP/T2350/W/21/3274371; APP/T2350/W/23/3319125 3 3/2021/0954 https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Flood risk
Against appellant
¶11

The proposal would amount to a fresh build, as there would be no certainty of reliance on the existing building other than the concrete slab, and extensive work would be required to enable the buildings to function as dwellings.

Heritage impact
Against appellant
¶9

The cladding and walling shows signs of wear, with some isolated areas broken, and it is of a dated appearance, indicating that significant new building work would be required to close up the large frontage openings and the extensive open elements of the northeastern building.

Other
Against appellant
¶null

The Inspector concluded that the proposal would not fall within the scope of permitted development under Class Q of the GPDO, as the proposal would amount to a fresh build rather than a conversion.

Policies relied on

Reference Weight
Class Q1 of the GPDO
Determinative
Class Q of the GPDO
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 21 July 2025 under the Open Government Licence.