No dope

In contesting the refusal of prior approval for a residential barn conversion in Somerset the appellant made a somewhat ill-judged claim regarding the former use of the building (DCS Number 400-032-919).

The inspector recorded that ‘There is reference to a possible illegal propagation operation taking place at the site, which it is contended comprised an agricultural use.’ He reasoned, however, that if indeed such an activity was taking place and was in fact illegal, it could not be taken to demonstrate or contribute to any lawful use of the building.

The inspector determined, on the balance of evidence, that on the relevant date a mixed use comprising of both agricultural and equestrian uses subsisted. Accordingly, the building was not solely in agricultural use on the relevant date. Thus, the proposal was not permitted development under Part 3, Class Q of the GPDO. 

No dope, this inspector. 

Further information on Class Q can be found at section 10.114 of DCP Online.