Monthly Archives: April 2016

First floor in barn conversion is within scope of Class Q



The following appeal decision provides some welcome clarity in the uncertain world of prior approval applications.

In determining an appeal against the refusal of a prior approval application for a barn conversion in Herefordshire (DCS Number 200-004-967) an inspector decided that the creation of a first floor did not put it beyond the scope of Class Q of the GPDO.

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Prior approval – again



We recognise that we might be going on a bit about the shortcomings of the prior approval regime……but we’re not stopping. Here is another daft outcome.

A planning authority in Yorkshire refused prior approval for a householder extension on the basis that development had already commenced and therefore could not benefit from the prior approval process (DCS Number 400-011-347). At appeal, an inspector recognised that there is no provision in the GPDO for a retrospective application for prior approval. The appellant stated, however, that the existing extension would be demolished. On that basis the inspector decided that the application related to a proposal for a new development and allowed the appeal.

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A note on prior approval for office to residential conversions



In determining an appeal against the refusal of prior approval for the change of use of the upper two floors over a shop unit in a Surrey town centre from office use to four flats an inspector examined the question of whether the need for external works to implement the change of use disqualified the proposal as permitted development under Class O of Part 3 (DCS Number 400-011-323).

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Rules is rules



There is sometimes uncertainty about whether it is required or permissible to provide an inspector with updated information. A recent court case, Robinson v Secretary of State for Communities and Local Government 22/1/16, provides a steer in respect of housing land supply figures, but is it in the right direction?

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How to get an open market dwelling in the countryside – Part 2



An earlier Blog (How to get an open market dwelling in the countryside) gave examples of cases where agricultural occupancy conditions had been lifted from farm dwellings, thereby resulting in unrestricted rural properties. A recent successful appeal case (DCS Number 400-011-117) involves the lifting of a holiday occupancy condition from a rural property. Permission had been granted in 1991 for the conversion of a Milk Marketing Board sub-base in the Wye Valley AONB to holiday accommodation. The permission carried a condition stating that it should only be occupied for a period not exceeding four weeks for any single letting and a return within four weeks by the same household was not permitted. Holiday use continued from around 1995 to 2008, the inspector noted. The appellant had not provided detailed information to indicate that a holiday let was no longer viable, although it was stated that there is a lack of demand in the winter months for holiday lettings in the area. The property had also been marketed for sale for two years. The inspector agreed with the council that the asking price was high but noted that the appellant had been willing to negotiate.

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