Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT
North Norfolk District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 6 November 2025
- Authority
- North Norfolk District Council
- Inspector
- Fern L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Change of use
- Appellant
- Mr Ben Carter
- LPA reference
- PU/25/0893
- ONS LPA code
- E07000147
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 7 July 2025
Summary AI
The appeal to convert an agricultural building to a dwellinghouse under Class Q of the GPDO was dismissed due to the proposed demolition being deemed not reasonably necessary to convert the building.
PDF text
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision Site visit made on 23 September 2025 by L Fern BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 6 November 2025 Appeal Ref: APP/Y2620/W/25/3367996 Barn off Clip Street, Field Dailing Road, Bale, Norfolk NR21 0QT • 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 Ben Carter against the decision of North Norfolk District Council. • The application Ref is PU/25/0893. • The development proposed is change of use of agricultural building to 1 dwellinghouse (Class C3) and building operations reasonably necessary for the conversion. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appellant’s final comments introduced new evidence in the form of planning appeal decisions and case law. I had sight of the appellant’s commentary on these cases and therefore in the interests of fairness I afforded the Council the opportunity to comment. I am therefore content that no party has been prejudiced.
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision Background and Main Issues 3. Article 3(1) and Class Q of Part 3, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO) permits the change of use of a building that is part of an established agricultural unit and any land within that building’s curtilage to a use falling within Class C3 (dwellinghouses)1, together with building operations reasonably necessary to convert the building, subject to limitations and conditions. It is disputed whether paragraphs Q.1.(g) and Q.1.(j)(ii) of Class Q would be complied with. 4. The main issues are therefore: • Whether or not the proposed demolition would be reasonably necessary for the conversion of the building (paragraph Q.1.(j)(ii)); and • Whether or not the proposal would begin within ten years of other development under Classes A(a) or B(a) of Part 6, Schedule 2 of the GPDO being carried out (paragraph Q.1.(g)). 1 As defined by The Town and Country Planning (Use Classes) Order 1987 (as amended). https://www.gov.uk/planning-inspectorate
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision Appeal Decision APP/Y2620/W/25/3367996 Reasons Demolition 5. The agricultural storage building is of sound steel framed construction, with complete walls and roof. Major demolition of approximately a third of the building is proposed to ensure conformity with the floorspace limitations of a single dwelling as set out at paragraph Q.1.(c) of Class Q. The operations would also include the repositioning of an external wall following the demolition works. 6. The proposal before me is for the conversion of the building to a single dwelling and I acknowledge that there are no requirements within Class Q to maximise the number of dwellings. 7. However, building operations reasonably necessary to convert the building, as allowed by Class Q.(c), are limited by paragraph Q.1.(j) to include the installation or replacement of windows, doors, roofs, or exterior walls, and partial demolition reasonably necessary to carry out those building operations. 8. In this case, the partial demolition is intended to remove a considerable amount of floorspace, to ensure compliance with the floorspace limitation for a dwelling as set out at paragraph Q.1.(c), of an otherwise substantial and sound structure.
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision The demolition is not simply to allow the installation or replacement of an exterior wall for example. Having considered the Hibbitt case2, the considerable demolition and moving of an entire external wall would amount to a rebuild, which goes beyond the scope of Class Q. 9. The appellant has referred to two appeal decisions3 in relation to the matter of demolition and reasonably necessary building operations. However, despite being provided with the opportunity, copies of the decisions are not before me, and I am therefore unable to establish whether relevant comparisons can be drawn with the current appeal. 10. The demolition element of the proposal would therefore not be reasonably necessary to convert the building under Class Q. or compliant with paragraph Q.1.(j)(ii) of Class Q. Ten-year period and permitted development 11. Prior notification for the erection of the agricultural storage building was submitted to the Council4 and a decision issued on 29 June 2015 confirming that permission was not required. There is no substantive evidence before me to suggest that this is not the agricultural storage building that is subject to this appeal. However, it is not clear when development of the building began. 12.
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision Regardless, paragraph Q.1.(g) of Class Q does not require the 10-year period to have expired prior to the determination of the prior approval application but instead prior to the date the development under Class Q begins. Given that there are provisions in place within Class Q to restrict development within the 10-year period, even following the grant of a prior approval proposal, I am content that I do not need to be satisfied that this limitation has already been met. 2 Hibbitt and Another v Secretary of State and Rushcliffe Borough Council [2016] EWHC 2853 (Admin) 3 PINS Refs APP/G2435/W/20/3254957 and APP/U1105/W/21/3271048. 4 Council Ref NP/15/0785. https://www.gov.uk/planning-inspectorate 2
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision Regardless, paragraph Q.1.(g) of Class Q does not require the 10-year period to have expired prior to the determination of the prior approval application but instead prior to the date the development under Class Q begins. Given that there are provisions in place within Class Q to restrict development within the 10-year period, even following the grant of a prior approval proposal, I am content that I do not need to be satisfied that this limitation has already been met. 2 Hibbitt and Another v Secretary of State and Rushcliffe Borough Council [2016] EWHC 2853 (Admin) 3 PINS Refs APP/G2435/W/20/3254957 and APP/U1105/W/21/3271048. 4 Council Ref NP/15/0785. https://www.gov.uk/planning-inspectorate 2
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — Appeal Decision Appeal Decision APP/Y2620/W/25/3367996 13. Thus, I am satisfied that this limitation could be met later than the date of my appeal decision, if necessary, and the proposal could therefore be capable of complying with paragraph Q.1.(g) of Class Q. Other Matters 14. The GPDO does not afford the decision maker flexibility to stray away from the prescriptive limitations and conditions, or the ability to use planning balance when considering proposals for prior approval, regardless of whether the appellant considers there to be an absence of harm. Conclusion 15. For the reasons given above, I conclude that the appeal should be dismissed.
Barn off Clip Street, Field. Dailing Road, Bale, Norfolk, NR21 0QT — North Norfolk District Council — L Fern INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Green belt Against appellant ¶5
The agricultural storage building is of sound steel framed construction, with complete walls and roof. Major demolition of approximately a third of the building is proposed to ensure conformity with the floorspace limitations of a single dwelling as set out at paragraph Q.1.(c) of Class Q.
Green belt Against appellant ¶6-8
Building operations reasonably necessary to convert the building, as allowed by Class Q.(c), are limited by paragraph Q.1.(j) to include the installation or replacement of windows, doors, roofs, or exterior walls, and partial demolition reasonably necessary to carry out those building operations.
Green belt Against appellant ¶9-10
The demolition element of the proposal would therefore not be reasonably necessary to convert the building under Class Q. or compliant with paragraph Q.1.(j)(ii) of Class Q.
Flood risk Neutral ¶11-12
Prior notification for the erection of the agricultural storage building was submitted to the Council and a decision issued on 29 June 2015 confirming that permission was not required.
Policies relied on
| Reference | Weight |
|---|---|
| Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 6 November 2025 under the Open Government Licence.