Our application for a single-storey rear extension to a dwelling—which was granted approval under Class Q—has been approved by West Devon and South Hams District Council despite objection from the Parish Council.
Class Q allows for the ‘change of use of a building and any land within its curtilage from a use as an agricultural building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order’.
Following the completion of the conversion, the owner wished to extend the property.
“Enlargement, improvement or other alteration of a dwellinghouse” is usually permitted development under Part 1, Class A of the General Permitted Development Order. However, development is not permitted by Class A if permission to use the dwellinghouse as a dwellinghouse has been granted by virtue of Class Q; the same limitation is true of other permitted development rights normally available to householders including the provision of outbuildings, chimneys, flues etc.
It is important to note that this limitation applies only to permitted development; an individual is not prohibited from submitting a full planning application for an extension where the dwelling has changed use under Class Q, that is, provided the application accords with the development plan. This is something which is commonly misunderstood by some planning authorities and, in this case, the parish council who objected on the grounds that:
“The dwelling was granted consent because of permitted development rights, which restricts the addition of extensions to the original building”.
It is entirely proper for an application for planning permission for building works which do not fall within the scope of permitted development to be made at the same time as (or after) a prior approval application in respect of the change of use of the same building. It has occurred most commonly in relation to the residential conversion of offices under Class O, but there is no reason why a similar planning application should not be made in connection with a residential conversion of an agricultural building under Class Q; in fact, many such applications have been submitted and subsequently deemed acceptable by planning authorities and Inspectors alike.
Additionally, and contrary to the comments in the objection, planning policies do provide support for the proposed development. The development plan states that proposals to extend existing dwellings in the countryside will be permitted provided: the existing dwelling has a lawful use for permanent residential use and has not been abandoned; and the extension is appropriate in scale and design in the context of the setting of the host dwelling.
The proposed extension did not exceed the consideration of ‘appropriate’ as defined in the supplementary planning document (SPD).
The planning officer ultimately agreed with our assertions and stated in her report:
“The parish council have objected because the conversion of the barn to a dwelling was originally granted as a class Q, which does not allow for extension of the building outside of the barns original form and permitted development rights are revoked. However, once occupied as a dwellinghouse, planning policy applicable to Householders allows for the sympathetic and subservient extension to Class Q conversions (dwellinghouses) providing the proposed development accords with relevant policy and the SPD.
The original barn had no heritage value and the resulting conversion has no traditional features that would be worthy of retention. As such, on balance, although the proposal is quite deep, its scale is subservient to the main building and sits below the eaves with a lean too roof which is characteristic of extensions to barns.
In conclusion, the proposal is considered acceptable and recommended for Conditional Approval.”
If you are considering applying for planning permission, it is important to seek professional advice. Please contact us for a free consultation.
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