1.	APPLICATION SITE AND LOCALITY 

1.1.	The site is a building currently used for general agricultural purpose at Austin Grounds Farm in rural location to the south of the edge of the village of Sibford Ferris. The site is accessed from the Sibford Road; via an existing gated access and track which runs west/east through the site to the building. The building is screened from the highway to the west by existing mature hedgerow and trees but looks out onto open countryside and agricultural fields to the east. Views of the building from the north and south are restricted by existing hedgerows surrounding agricultural fields.
2.	DESCRIPTION OF PROPOSED DEVELOPMENT
2.1.	The current application seeks permission under Part 3 (Class Q) of the Town and Country Planning (General Permitted Development) (England) Order 2015 for (a) the Change of use from agricultural building to residential dwelling (Class C3) and (b) building operations reasonably necessary to convert the said building to the said use.
2.2.	The application follows two previous applications for the same/similar development. The first (15/00188/PAMB) was withdrawn due to a lack of supporting information as to the structural integrity of the building and the necessary building operations required to facilitate the change of use to residential.
2.3.	This information was submitted in support of the second application (15/00936/Q56) and included a structural report and scaled plans and elevation drawings.
3.	RELEVANT PLANNING HISTORY

3.1.	The following planning history is considered relevant to the current proposal: 
Application Ref.	Proposal	Decision	
	
03/00060/F	Relaxation of condition 2 of CHN 630/88 to allow the dwelling to be occupied by persons other than those solely or mainly employed in the locality in agriculture	Application Withdrawn	
	
04/00409/F	Removal of condition 2 of CHN.630/88 to allow any person to occupy the dwelling.  RETROSPECTIVE.	Application Withdrawn	
	
05/00011/F	Resubmission of 04/00409/F - Removal of condition 2 of CHN.630/88 to allow any person to occupy the dwelling.  RETROSPECTIVE	Application Permitted	
	
07/02062/F	Erection of 2 no. outbuildings to land in front of existing house to form garages, workshops, stores etc	Application Permitted	
	
10/01115/AGN	Agricultural Store	Prior Approval Not Required	
	
11/01218/F	Erection of 2 no. outbuildings to land in front of existing house to form garages, workshops, stores etc	Application Permitted	
	
15/00188/PAMB	Prior Approval - Conversion of existing agricultural building and an equal area of land to residential use	Application Withdrawn	
	
15/00936/Q56	Prior Approval - Conversion of existing agricultural building and an equal area of land to residential use	Application Permitted	
	
4.	PRE-APPLICATION DISCUSSIONS

4.1.	No formal pre-application discussions have taken place with regard to this proposal though the case officer for the previous application advised that the current application was required / be submitted.

5.	RESPONSE TO PUBLICITY

5.1.	This application has been publicised by way of a site notice displayed near the site. The final date for comments was 16.06.2017, although comments received after this date and before finalising this report have also been taken into account.  No comments have been raised by third parties.
6.	RESPONSE TO CONSULTATION

6.1.	Below is a summary of the consultation responses received at the time of writing this report. Responses are available to view in full on the Council’s website, via the online Planning Register.
PARISH/TOWN COUNCIL AND NEIGHBOURHOOD FORUMS
6.2.	Sibford Ferris Parish Council – No objections
CONSULTEES
6.3.	Environmental Protection Officer – No objections subject to conditions.  Comments as follows: Land contamination may be an issue depending on any former potentially polluting activities that may have been undertaken from the site or even possible elevated levels of natural occurring contamination such as arsenic, nickel or even vanadium.
6.4.	No information has been provided with respect to any risk assessment in this respect and so we would therefore make no adverse comment subject to imposition of appropriate safeguarding conditions regarding the need for a risk assessment for contaminated land and also an informative with regard to nuisance from construction sites.
6.5.	Local highway authority – No objections subject to condition re access and parking provision.
6.6.	Lead local flood authority (OCC) – No comments received
7.	RELEVANT PLANNING POLICY AND GUIDANCE

As this is a Prior Notification application (as per above), the provisions of Part 3 of Schedule 2 of the General Permitted Development Order 2015 (“GPDO”) are considered most relevant.

Under Part 3 Class Q of the GPDO, development consisting of a change of use of a building and any land within its curtilage from use as an agricultural building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, does not require Prior Approval, provided that (1) it meets the tests of Class Q,

(a)	The site was used solely for an agricultural use, as part of an established agricultural unit—
(i) on 20th March 2013;
(ii) in the case of a building which was in use before that date but was not in use on that date, when it was last in use; or
(iii) in the case of a site which was brought into use after 20th March 2013, for a period of at least ten years before the date the development under Class Q begins;
(b)	The cumulative floor space of the existing building or buildings changing use under Class Q within an established agricultural unit does not exceed 450 square metres;
(c)	The cumulative number of separate dwellinghouses developed under Class Q within an established agricultural unit does not exceed three (amended from 2014 regs);
(d)	The site is not occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
(e)	No less than one year before the date development begins—
(i) an agricultural tenancy over the site has been terminated, and
(ii) the termination was for the purpose of carrying out development under Class MB,
unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use;
(f)	No development under Class A(a) or Class B(b) of Part 6 of this Schedule (agricultural buildings and operations) has been carried out on the established agricultural unit since 20th March 2013 or, where development under Class Q begins after 20th March 2023, during the period which is 10 years before the date development under Class Q begins;
(g)	The development would not result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point;
(h)	The development under Class Q (together with any previous development under Class Q) would not result in a building or buildings having more than 450 square metres of floor space (within an established agricultural unit) having a use falling within Class C3;
(i)	The development under Class Q(b) would not consist of any building operations other than—
(i) the installation or replacement of—
(aa) windows, doors, roofs, or exterior walls, or
(bb) water, drainage, electricity, gas or other services,
to the extent reasonably necessary for the building to function as a dwellinghouse; and
(ii) partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph Q.1(i)(i);
(j)	The site is not on article 2(3) land;
(k)	The site is not or does not form part of 
(i) a site of special scientific interest; 
(ii) a safety hazard area; 
(iii) a military explosives storage area;
(l)	The site is not, or does not contain, a scheduled monument;
(m)	The building is not a listed building.

And (2), where the development proposed is development under Class Q(a) together with development under Class Q(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
(a)	transport and highways impacts of the development;
(b)	noise impacts of the development;
(c)	contamination risks on the site;
(d)	flooding risks on the site, or
(e)	whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, and
(f)	the design or external appearance of the building

and the provisions of paragraph W shall apply in relation to any such application.

And (3), where the development proposed is development under Class Q(a) only, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the items referred to in sub-paragraphs (1)(a) to (e.) and the provisions of paragraph W of this Part shall apply in relation to that application.

And (4) the development shall begin within a period of three years beginning with the date on which—
(a) any prior approval is granted for that development, or
(b) the period of days referred to in paragraph W(11)
(c) of this Part expires without the local planning authority notifying the developer as to whether prior approval for that development is given or refused, whichever is the earlier.

Under paragraph W.(3) the local planning authority may refuse an application where, in the opinion of the authority—
(a) the proposed development does not comply with, or
(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,
any conditions, limitations or restrictions specified in this Part as being applicable to the development in question.

Section W(9)(as amended) of Schedule 2 Part 3 to the GPDO states that, “the local planning authority [LPA] may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—
(a) assessments of impacts or risks;
(b) statements setting out how impacts or risks are to be mitigated; or
(c) details of proposed building or other operations;”

Section W(10)(as amended) of the same Regulations states that, “the local planning authority [LPA] must, when determining an application—
(a) take into account any representations made to them as a result of any consultation under paragraphs (5) or (6) and any notice given under sub-paragraph (8);
(b) have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012, so far as relevant to the subject matter of the prior approval, as if the application were a planning application; and
(c) in relation to the contamination risks on the site—
(i) determine whether, as a result of the proposed change of use, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990(a), and in doing so have regard to the Contaminated Land Statutory Guidance issued by Secretary of State for the Environment, Food and Rural Affairs in April 2012, and
(ii) if they determine that the site will be contaminated land, refuse to give prior approval.”

8.	APPRAISAL

8.1.	The key issue for consideration in this application is whether or not the Class Q criteria are satisfied.

8.2.	A site was carried out 26th May 2017.  The building was in agricultural use.  The case officer for the two previous applications had come to the same conclusion.  It is therefore concluded on the balance of probability that the building was in agricultural use on 20th March 2013 and forms part of an established agricultural unit.  Criterion (a) is satisfied.
8.3.	Drawing “HOP/03” submitted with this application defines via its blue the extent of the established agricultural unit.
8.4.	It can be therefore concluded that criteria (b), (c.) and (h) are satisfied, in that: the cumulative floor space of the existing building or buildings changing use under Class Q within the established agricultural unit does not exceed 450 square metres; the cumulative number of separate dwellinghouses developed under Class Q within the established agricultural unit does not exceed three; and the total development at the established agricultural unit under Class Q would not result in a building or buildings having more than 450 square metres of Class C3 floor space.
8.5.	The applicant states in their supporting note to the application that the site is not subject to any agricultural tenancy.  Previous applications, beginning two years ago, did not fall down on criteria (d) or (e.).  This is a relatively small agricultural unit and the applicant lives nearby.  Based on the evidence available, it is concluded that criteria (d) and (e.) are satisfied.
8.6.	There is no record of any other development being carried out under Class A(a) or Class B(a) of Part 6 of the schedule since 20 March 2013.  It is adjudged that criterion (f) is satisfied.
8.7.	A plan of the existing building has not been submitted with the current application but was submitted in support of the last application (drawing ref. “HOP/15/01B”). The proposed development would not result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point, and therefore criterion (g) is satisfied.
8.8.	In respect of criterion (i), the PPG states that, “It is not the intention of the permitted development right to include the construction of new structural elements for the building”. Government guidance also states:
“It is not the intention of the permitted development right to include the construction of new structural elements for the building. Therefore it is only where the existing building is structurally strong enough to take the loading which comes with the external works to provide for residential use that the building would be considered to have the permitted development right.”
8.9.	The extent of alterations proposed are largely the same as those subject of the last application (15/00936/Q56), which was determined positively.
8.10.	The existing steel portal frame, its lateral bracing and the roof structure would all be retained; the existing metal sheets are to be retained, albeit with windows inserted (see below); and the floor is to be retained, albeit with a damp proof membrane overlaid.
8.11.	A new roof covering is proposed.  Daniel Baxter’s addendum (dated 08.05.2017) to the Andrew Baxter Associates structural report attests that the submitted plans show a proposal to replace the existing fibre cement roof sheets with composite panels, which would “actually reduce the dead load on the roof members”.  The main report notes that, “the slab is in particularly good condition and it will…be supporting less load once the conversion to residential use is completed”.
8.12.	Insulation is proposed, inside / behind the existing cladding rails and built off the existing slab.  The proposed dwelling is single storey only.  A new ceiling is proposed, i.e. between concrete slab and roof structure.  This was previously adjudged to be a necessary alteration for the building to function as a dwellinghouse and I have no reason to take a different view in this instance.  Notably it would not be a new structural element and would not itself take structural load.
8.13.	An existing window on the building’s east elevation would be retained and reused, and a new door would be inserted, both as per the last proposal.  Four additional windows are proposed on this elevation, to support en suite bathroom, utility room, kitchen and dining room.  These would provide additional light to the kitchen diner and are considered reasonably necessary.  The dwelling could function without the additional window to the dining area (a window is proposed in the south elevation as it was previously) but the said window is not considered unnecessary, given the sizes of windows involved and the size of the room they would serve.
8.14.	Four windows are proposed on the north elevation, where there are presently none (one was proposed in the last application).  Three would serve bedrooms.  The fourth would serve an en suite.  Overall, these are considered necessary.
8.15.	No openings are proposed to the west elevation, other than retention of a proportion of the existing translucent sheeting.
8.16.	Two new openings are proposed to the south elevation – these are considered necessary for the dwelling to function.
8.17.	Having regard to the drawings submitted, and the information provided in the structural survey, it is considered that other than two windows named above the proposals satisfy criterion (i).
8.18.	The site is not on article 2(3) land, is not or does not form part of a SSSI, safety hazard area or military explosives storage area, is not or does not contain a scheduled monument, and the building is not listed, and therefore criteria (j) – (m) are satisfied.
Matters under Q.2 (prior approval)
Transport and Highway Impacts 
8.19.	The local highway authority has not objected to the proposal subject to a condition.  It is considered that any impacts in this regard could be made acceptable, and the condition should be imposed.
Contamination risks
8.20.	The Council’s Environmental Protection Officer has no objections subject to conditions.  However, it is noted that no conditions were imposed at the time of the last application, and an informative note would instead be added (as it was last time).
Noise impact and flooding risks
8.21.	Based on the information submitted and in the absence of comments from consultees, the proposal is considered acceptable in regard to these matters.
Curtilage
8.22.	Paragraph X of Part 3 of the GPDO defines the permitted curtilage as “(a) the piece of land, whether enclosed or unenclosed, immediately beside or around the agricultural building, closely associated with and serving the purposes of the agricultural building, or (b) an area of land immediately beside or around the agricultural building no larger than the land area occupied by the agricultural building, whichever is the lesser.
8.23.	In this instance, the red line on the submitted plan defines the extent of the curtilage and this could be controlled by condition to ensure compliance with paragraph X.
Location and siting
8.24.	The test in this criterion is whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3. 
8.25.	The PPG guides that Local Planning Authorities (LPA) should start from the premise that the permitted development right grants planning permission, subject to prior approval requirements. Moreover, the PPG guides that a proposal for a change of use in a location where the Local Planning Authority would not normally grant planning permission for a new dwelling is not sufficient reason for refusing prior approval.
8.26.	Impractical or undesirable are not defined in the regulations, and the LPA should apply a reasonable ordinary dictionary meaning in making any judgment. Impractical reflects that the location and siting would “not be sensible or realistic”, and undesirable reflects that it would be “harmful or objectionable”. Additionally the location of the building whose use would change may be undesirable if it is adjacent to other uses such as intensive poultry farming buildings, silage storage or buildings with dangerous machines or chemicals.
8.27.	Although not ideal, the proposed location is not considered so harmful as to conflict with Q.2(e.) and the same conclusion was reached in the last application. 
9.	PLANNING BALANCE AND CONCLUSION
9.1.	The proposed development accords or is likely to accord with criteria 1 (a) – (m) inclusive.  Therefore, the proposal is considered to be in accordance with Class Q of Part 3 of Schedule 2 to The Town and Country Planning (General Permitted Development) (England) Order 2015. No further information is considered necessary in relation to the criteria and issues set out in Class Q.2 and that there will no significant detrimental impacts as a result of the proposed development on the issues raised in this class. As the issues that need to be addressed as part of the prior approval process have not identified any concerns that would bring the development into question, it is concluded that the prior approval should be issued
10.	RECOMMENDATION
Prior Approval is granted, subject to the following conditions

1.	Prior to the conversion of the barn hereby approved, the existing means of access between the land and the highway shall be improved formed, laid out and constructed strictly in accordance with Oxfordshire County Council’s specification and guidance.

Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework.

2.	Prior to the first occupation of the development hereby approved, the parking and manoeuvring areas shall be provided in accordance with the plan approved and shall be constructed from porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site. Thereafter, the parking and manoeuvring area shall be retained in accordance with this condition and shall be unobstructed except for the parking and manoeuvring of vehicles at all times.

Reason - In the interests of highway safety and to comply with Government guidance contained within the National Planning Policy Framework

3.	Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents: HOP/01, HOP/02 and HOP/03 and the residential curtilage of the dwelling shall be restricted to that area within and defined by the red line on drawing HOP/03.

Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.

Planning Notes
The development hereby approved shall be completed within 3 years from the date of this decision notice. This is to comply with the requirements of Schedule 2, Part 3, Class Q.2(3) of the Town and Country Planning (General Permitted Development) Order 2015.	

The development hereby approved shall be carried out in accordance with the following approved plans: Application Form and Drawing Number HOP/15/01B and HOP/15/02A submitted with the application.	

With reference to condition 1, the guidance referred to is available at http://www.oxfordshire.gov.uk/cms/content/dropped-kerbs	

The planning application site has formerly been used for agricultural purposes where typical activities associated with this industry may have involved oil and chemical storage etc. and so potentially there are a range of contaminants that could be present within the curtilage of the area of land subject of this application. The proposed residential development is regarded as a particularly sensitive use to any land contamination and as a minimum, after development land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.  Consideration therefore needs to be given to any potential risks from historic uses of the site and possible elevated levels of natural occurring contamination, such as arsenic, which is common in soils developed on bedrock with high concentrations of iron oxide as found in in many areas across the Cherwell District. For this reason the developer is advised to engage a competent person who will conduct adequate contaminated land investigations to ensure that the land is safe and suitable for the intended new use. This research would establish if historic land contamination could have an impact on the development from previous activities carried out on the site such as fuel and chemical storage, vehicle \machinery storage and maintenance, feed supplement storage (e.g. copper and zinc) etc.	

Your attention is drawn to the need to have regard to the requirements of UK and European legislation relating to the protection of certain wild plants and animals.  Approval under that legislation will be required and a licence may be necessary if protected species or habitats are affected by the development.  If protected species are discovered you must be aware that to proceed with the development without seeking advice from Natural England could result in prosecution.  For further information or to obtain approval contact Natural England on 01635 268881.	

Case Officer: 	Nathanael Stock	DATE: 11.07.2017	
Checked By: 	Paul Ihringer	DATE: 11.07.17