Class q on agricultural building

[Luis escrig]

Good morning guys 

I purchased a barn that according to my architect was perfect for conversion good structure and location next to a road with good access.

apllication went in and was turned down by the council due to conditions on the barn’s original planning permission that says the barn is to be used for agriculture use only due to its rural location 🤦‍♂️ . This seems to be a grey area with different councils even my architect couldn’t believe it was a strange reason as class q requires the building to be agricultural to qualify for change of use under class q 

 

so I spoke to the planning office and they suggested a section 73 to remove the original condition so i did this . 
 

the lovely planning office has refused my application for reasons that the barn is to isolated 🤦‍♂️

 

I am now going to appeal this and looking for any suggestions or help 

 

the barn was built in 2010. Next to a road and dwellings to the north 180 m away to the south 195 m away and to the west 200m away 

 

I would say this is not isolated or to rural 

I did ask for the definition of to rural but no reply 

 

the barn ticks all the boxes for class q shall I fight or go for another dwelling under section 80 due them classing the plot as isolated 

 

many thanks Luis 

 

merry Christmas 🎄 

[Thorfun]

Welcome. You’ll find plenty of folk on here who are knowledgeable in this area but I would also advise engaging with a local planning consultant before making any big decisions. 
 

best of luck and let us know how you get on. 

[saveasteading]

2 hours ago, Thorfun said:

 engaging with a local planning consultant before

Yes. There will be one who specialises in rural matters.

I've always been impressed by planning consultants, despite being reasonably experienced myself.

Planners also welcome their involvement, perhaps surprisingly. I asked one once, and they explained that it makes their job easy: the consultant is a specialist, deals with all the arguments, and knows the specifics and precedents.

[IanR]

Hi & welcome.

 

5 hours ago, Luis escrig said:

turned down by the council due to conditions on the barn’s original planning permission that says the barn is to be used for agriculture use only due to its rural location

 

Could you paste the Planning conditions that restrict the barn to Agricultural Use, and the related reason for refusal, from the Officer's Report.

 

6 hours ago, Luis escrig said:

I would say this is not isolated or to rural 

I did ask for the definition of to rural but no reply 

"Isolated" doesn't get defined in the NPPF, so there's been a few arguments over its definition. It now seems to be accepted though that the "Braintree" decision at the Appeals Court has settled it for now.

 

https://www.bailii.org/ew/cases/EWCA/Civ/2018/610.html

 

Lindblom J said: “Simply differentiates between the development of housing within a settlement - or village - and new dwellings that would be ‘isolated’ in the sense of being separate or remote from a settlement”.

 

Ie. a site is either within a built settlement (town, village, parish, hamlet) or it's isolated.