Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY
Shropshire County Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 28 August 2025
- Authority
- Shropshire County Council
- Inspector
- Wilson D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr David Cadwallader
- LPA reference
- 25/01315/FUL
- ONS LPA code
- E06000051
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 17 June 2025
Summary AI
The appeal for a change of use of an agricultural building to a squash court was dismissed due to concerns about the development's location and impact on the character of the area. The development would not be appropriately located and would conflict with policy CS5 of the Shropshire Council's Local Development Framework.
PDF text
Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY — Shropshire County Council — Appeal Decision Site visit made on 7 August 2025 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 28 August 2025 Appeal Ref: APP/L3245/W/25/3366589 Unit 4, The Barns, Woolston, Oswestry SY10 8HY 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 David Cadwallader against the decision of Shropshire Council. The application Ref is 25/01315/FUL. The development proposed is change of Use of agricultural building to squash court for personal use. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: whether the proposed development would be appropriately located having regard to the Council’s development plan policies, and whether the proposed development would be functionally linked to the host property. Reasons Location 3. The appeal site is a large plot of land which contains a dwelling, two large agricultural buildings and a yard. The squash court is located within a section of one of the agricultural buildings that is located closest to the dwelling. 4.
Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY — Shropshire County Council — Appeal Decision Policy CS3 of the Shropshire Council Shropshire Local Development Framework: Adopted Core Strategy March 2011 (CS) relates to market towns and other key centres and seeks to ensure that these areas provide a focal for economic development and regeneration. While it is noted that sports and other leisure facilities would normally be encouraged in these areas, the proposal is not for public use, and I therefore find that this Policy has limited relevance to the appeal. 5. The appeal site is located in the open countryside for which Policy CS5 of the CS is most relevant. This Policy seeks to ensure that proposals are appropriately located and maintain and enhance countryside vitality and character. It supports the conversion of rural buildings that make a positive contribution to the character of the buildings and the countryside and gives support to other uses appropriate to a countryside location. https://www.gov.uk/planning-inspectorate
Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY — Shropshire County Council — Appeal Decision Appeal Decision APP/L3245/W/25/3366589 6. No external changes are proposed and as such the Council have found that the proposed development would not harm the character and appearance of the area. However, there would be no positive contribution to the character of the buildings and the countryside and the personal use of the building would mean that there would be no enhancement to the countrysides vitality. 7. I therefore conclude that the proposed development would not be appropriately located and would conflict with Policy CS5 of the CS. 8. The Council have alleged that the proposed development would conflict with Policy MB7b of the CS. However, this relates to proposals for the replacement of buildings and applications for agricultural development which is not relevant to the proposal before me. Functionally linked 9. The development is set over two floors with a standard size squash court on the ground floor, separate male and female changing rooms and then on the first floor is a bar and large seating area with views onto the squash court below. 10. The squash court would be accessed by walking a very short distance from the dwelling and there would be no access from the yard area to the rear of the building.
Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY — Shropshire County Council — Appeal Decision As such there would be some functional link to the dwelling and a squash court would not be unusual for a large dwelling in a countryside location. 11. While there would be some functional link to the dwelling the overall scale of the development would be significant through the large seating area and bar as well as male and female changing rooms. These features would be unusual to see for an ancillary sports use, especially due to the close proximity to the dwelling. I am mindful that a condition could be imposed on any grant of planning permission to restrict the use, however, in light of the facilities and potential for standalone access to be introduced in the future, I am not satisfied that this would meet the tests outlined in Planning Practice Guidance. 12. I therefore conclude that the proposed development would not be functionally linked to the host property and would be country to Policy CS6 of the CS. Amongst other things, this requires that development is of high quality design and is appropriate to its setting and surroundings. Other Matter 13.
Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY — Shropshire County Council — Appeal Decision I note that the appellant is an avid squash player and that there are limited squash facilities in the wider area, however, this does not mitigate the harm I have identified. Conclusion 14. For the reasons given above the appeal should be dismissed.
Unit 4, The Barns, Top Farm, Woolston, Oswestry, SY10 8HY — Shropshire County Council — D Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶6
The development would not contribute to the character of the buildings and the countryside, and would not enhance the countryside's vitality.
Green belt Against appellant ¶7
The development would not be appropriately located and would conflict with Policy CS5 of the CS.
Living conditions Against appellant ¶12
The development would be significant in scale and would be unusual for an ancillary sports use, especially due to the close proximity to the dwelling.
Policies relied on
| Reference | Weight |
|---|---|
| Policy CS5 of the CS |
Determinative |
| Policy CS6 of the CS |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 28 August 2025 under the Open Government Licence.