NEW DOCUMENT: “GPDO Part 3 Class Q – Prior Approval Appeal Decisions” …

The "GPDO Part 3 Class Q - Prior Approval Appeal Decisions" document provides the conclusions, summaries, and decision notices for prior approval appeal decisions relating to Part 3 Class Q of the GPDO (i.e. agricultural-to-residential conversions).

The above document currently includes 4 appeal decisions relating to agricultural-to-residential conversions, for which the conclusions are as follows:

October 2014 - Code P3CQ-004 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph Q.2 as follows:
    - “transport and highways impacts” = no assessment.
    - “noise impacts” = no assessment.
    - “contamination risks” = acceptable (short assessment).
    - “flooding risks” = no assessment.
    - “location or siting ... impractical or undesirable” = unacceptable (detailed assessment).
    - “design or external appearance” = no assessment.
  • This appeal decision provides an example of where it was concluded that works to the property would not fall within the scope of Q(b) and Q.1(i).  [Note: In other words, either the works would not constitute “building operations reasonably necessary to convert the building” or the works would not fall within the list of building operations set out by Q.1(i)].
    [Note: This appeal decision implies (rather than states) this conclusion]
    [Quote: “I am not convinced by what I saw during my visit that the existing structural framework is substantial enough to be capable of conversion to a dwelling which would meet modern standards, without needing a degree of demolition and construction which would amount to a new building with very little of the original left”].
  • This appeal decision states, or implies, that it is not possible for works consisting of the demolition of an existing building and the erection of a new building to fall within the scope of Q(b) and Q.1(i).
    [Quote: “I am not convinced by what I saw during my visit that the existing structural framework is substantial enough to be capable of conversion to a dwelling which would meet modern standards, without needing a degree of demolition and construction which would amount to a new building with very little of the original left”].
  • This appeal decision provides an example of where the Inspector, when considering “whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to [C3]”, concluded that the proposed development would constitute new isolated homes in the countryside. (*)
    [Quote: “The site is in an isolated location in the countryside with access to the nearest village along narrow, mainly single track lanes which lack public transport and are unlit”].
  • This appeal decision provides an example of where the Inspector, when considering whether there would be special circumstances that would justify allowing new isolated homes in the countryside, assessed whether there is an essential need for a rural worker to live permanently at or near their place of work in the countryside and concluded that for the proposed development this issue would not constitute special circumstances.
    [Quote: “the appellants have not demonstrated an essential need for the dwelling in terms of the nature or viability of their business sufficient to overcome the objection arising from the isolated location.”].

October 2014 - Code P3CQ-003 (appeal dismissed):

  • [Note: To view these conclusions, please log onto the website as a member].

October 2014 - Code P3CQ-002 (appeal dismissed):

  • [Note: To view these conclusions, please log onto the website as a member].

September 2014 - Code P3CQ-001 (appeal dismissed):

  • [Note: To view these conclusions, please log onto the website as a member].

Notes:

  • To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the "GPDO Part 3 Class Q - Prior Approval Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website for no extra cost.
  • Any of the above conclusions marked with a "(*)" contradict other appeal decisions. The "Reference Section" within the above document indicates how many appeals have supported and contradicted each particular conclusion.
  • The above document also includes 2 "Potential fallback position" appeals, which are NOT summarised (only listed).