Case 3372842

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL

Breckland Council — appeal dismissed

Outcome
Dismissed
Decision date
10 December 2025
Authority
Breckland Council
Inspector
Sabu R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
TW Gazes
LPA reference
PL/2025/0629/PAQ
ONS LPA code
E07000143
Jurisdiction
Transferred
Link status
Not Linked
Start date
30 September 2025

Summary AI

The appeal for the conversion of an agricultural building to a dwellinghouse has been dismissed due to the proposed development not being granted planning permission under Article 3, Schedule 2, Part 3, Class Q of the GPDO, and due to the potential harm to designated habitats sites.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision Site visit made on 18 November 2025 by R Sabu BA(Hons), MA, BArch, PgDip, RIBA, ARB an Inspector appointed by the Secretary of State Decision date: 10 December 2025 Appeal Ref: APP/F2605/W/25/3372842 Town Farm, Kenninghall Road, North Lopham, IP22 2NL • 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) (GPDO). The appeal is made by TW Gazes Kenninghall Town Lands Charity against the decision of Breckland Council. • The application Ref is PL/2025/0629/PAQ. • The development proposed is conversion of agricultural building to 1 new dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have used the description of development from the application form omitting wording that are not acts of development, in the interests of certainty. 3. Class Q of Part 3 of Schedule 2 of the GPDO 2015 was amended on 21 May 2024.

Page 1 · Chunk 1 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision Given the transitional arrangements set out under Article 10 of the amending Order, and as the application was submitted to the council prior to 21 May 2025, I have considered Class Q as it was before 21 May 2024 in my assessment. Main Issues 4. The main issues are: • whether the proposed development would be granted planning permission by Article 3, Schedule 2, Part 3, Class Q of the GPDO; and • the effect of the proposed development on habitats sites. Reasons GPDO 5. Class Q permits (a)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) of the Schedule to the Use Classes Order; or (b) development referred to in paragraph (a) together with] building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/25/3372842 6. Q.1(i) (i) (aa) states that development is not permitted by Class Q if the development under Class Q(b) would consist of building operations other than the installation or replacement of windows, doors, roofs, or exterior walls to the extent reasonably necessary for the building to function as a dwellinghouse. 7. The proposal includes the retention of the concrete floor slab, the blockwork walls, steel frame and roof structure. The wall cladding on the upper level of the walls is proposed to be replaced. 8. The roof sheeting is also proposed to be retained. The evidence including Structural Appraisal and letter from Weybreads Ltd indicates that the portal frame and roof sheeting are structurally sound. However, the Structural Appraisal recommends that a sample of the roof sheeting is tested for asbestos and a method statement detailing risk mitigation should be provided. Details of any such testing of the roof sheeting or mitigation have not been provided. Therefore, it is possible that the entirety of the roof sheeting may need to be replaced. 9.

Page 2 · Chunk 3 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision The Planning Practice Guidance states that permitted building operations reasonably necessary to convert the building may include the installation of or replacement of various elements including roofs. However, it goes on to say 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. Therefore, 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. 10. The Structural Appraisal states that the rigid roof sheeting gives the structure stability against longitudinal wind racking forces, resolving loads back to the eaves wall lines. Therefore, the roof sheeting provides a substantial contribution towards the structural stability of the building.

Page 2 · Chunk 4 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision As the upper walls are proposed to be replaced, in my view, if the entirety of the roof also needs to be replaced, together with the other building operations that would be required, the building operations would go beyond what is reasonably necessary for the conversion of the building to a residential use and would amount to rebuilding. 11. Consequently, the proposed development would not be granted planning permission by Article 3, Schedule 2, Part 3, Class Q of the GPDO. Habitats sites 12. The site lies within the Zone of Influence (ZoI) of a number of habitats sites. New housing development within the ZoI would be likely to increase the number of recreational visitors to the habitats sites, potentially resulting in disturbance to the integrity of the habitats of qualifying features. In combination with other developments, it is likely that the proposal would have significant effects on the designated sites. 13. The Norfolk Green Infrastructure and Recreational Impact Avoidance and Mitigation Strategy sets out financial contributions per dwelling that would be required for proposals within the ZoI of designated habitats and the mitigation measures that would be funded. 14.

Page 2 · Chunk 5 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision A signed and dated Unilateral Undertaking(UU) has been submitted with the appeal which seeks to secure the financial contributions set out in the GIRAMS. However, https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision A signed and dated Unilateral Undertaking(UU) has been submitted with the appeal which seeks to secure the financial contributions set out in the GIRAMS. However, https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — Appeal Decision Appeal Decision APP/F2605/W/25/3372842 the UU is not complete as it does not include a drawing with the site outlined in red, as referred to in the UU text. Accordingly, I cannot attribute it any weight. LP Policy ENV02 seeks, among other things, that the highest level of protection will be given to European Sites. 15. As I am dismissing the appeal for other reasons, I have not carried out an appropriate assessment to consider whether there would be harm to the integrity of the habitats sites. On the basis that I would have given the appellant the opportunity to submit a completed planning obligation that may have overcome any harm to integrity had I been otherwise minded to allow the appeal, this matter has not been determinative for the outcome of the appeal. Other Matters 16. I note the wider planning benefits of the proposal put forward by the appellant. However, I have necessarily assessed the scheme against the GPDO and these matters have not altered my overall decision. Conclusion 17. For the reasons given above, I conclude that the appeal should be dismissed.

Page 3 · Chunk 8 R Sabu

Town Farm, Kenninghall Road, North Lopham, Norfolk, IP222NL — Breckland Council — R Sabu INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Green belt
Against appellant
¶11

The proposed development would not be granted planning permission by Article 3, Schedule 2, Part 3, Class Q of the GPDO, as it would involve rebuilding work.

Ecology and biodiversity
Against appellant
¶12

The development would have significant effects on designated habitats sites, potentially resulting in disturbance to the integrity of the habitats of qualifying features.

Policies relied on

Reference Weight
NPPF 208
Determinative
LP Policy ENV02
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 10 December 2025 under the Open Government Licence.