Agriculture – Replacement Residential Dwelling

Client approached us having gained Prior Approval to convert his existing agricultural barn into a residential dwelling under Part 3, Class Q of the General Permitted Development Order.

^{Photo Credit: OB Architecture}

The Brief

To submit a planning application to demolish the existing agricultural barn (which had consent to be converted into a house using via permitted development rights) and poultry sheds and erect a new dwelling.

OUR APPROACH

Our greatest opportunity...

The key to success was highlighting the benefits of a new build.

The client already had permission to convert the barn into a home via permitted development, but due to its size, layout and restrictions (generally attached to Prior Approvals) the home would have been inferior in design and quality of living terms.

Once we had seen the architect’s stunning elevations, we knew the conversion under Class Q would end up of far less value than the proposed new build.

We put forward the case to demolish the barn and build a modern, single storey, barn-style dwelling, using the fall-back argument of the Prior Approval conversion to justify the principle of a new home. Evidently of superior quality but a bigger footprint than the Class Q permitted, we advised that the council were likely to raise concerns regarding the larger footprint, so suggested that we convert a further agricultural barn on site, using the same permitted development right, to gain the principle of more residential floorspace on site.

^{Photo Credit: OB Architecture}

The reality

Having visited the site to assess the potential to convert the poultry barns, we noted that one of the structures met the criteria outlined under Class Q. We submitted another Class Q to convert the poultry barn into a residential dwelling, which resulted in the principle of 2 separate dwellings on site, and more residential floor space.

We then submitted a full planning application for the demolition of the 2 barns with permission to be converted into residential homes and erect a new purpose-built high-quality home. In justifying the principle of a new home, we provided numerous Appeal Decisions and a high court judgement, which demonstrated our case. We argued that demolishing all barns, including the one originally proposed for conversion, and erecting single-storey dwellings - in keeping with the surroundings - would be more beneficial to the site.

Our biggest issue...

The Council refused the application because they did not agree with the fall-back position of the Prior Approvals. They argued that as the Prior Approvals have not been implemented, there was no fall-back position, despite us providing numerous examples where Inspectors confirmed this was not a concern.

Appeal, Appeal, Appeal

We appealed to the planning inspectorate – an independent planning body – submitting a Statement of Case to counter the Council’s arguments.

We flagged the high court judgement and Appeal Decisions, disregarded during the process, and highlighted the planning officer’s unsubstantiated statements.

Our appeal arguments were submitted to the inspectorate. Such was the strength of our case, we appealed separately for costs.

It’s worth knowing...

If you believe the council is acting unreasonably and have disregarded evidence submitted, you can apply to the Planning Inspectorate for costs.

^{Photo Credit: OB Architecture}

RESULT

Our appeal was allowed, along with the separate cost application. We have a very happy client who is looking forward to seeing those CGI renderings of the very pretty barn conversion become reality.