1.	APPLICATION SITE AND LOCALITY 

1.1.	The application site is within the open countryside, located approx. 100m south of Wendlebury, 2.4km east of Weston on the Green, c.2km south of Chesterton and c.2km north-west of Merton.  The application relates to two single storey steel portal framed agricultural storage buildings.
2.	DESCRIPTION OF PROPOSED DEVELOPMENT
2.1.	The current application seeks permission under Class Q(a) of Part 3 for the Change of use from agricultural building to residential dwelling (Class C3).
2.2.	The application does not include any detailed floor plans or elevations of the existing building(s), and no structural survey has been submitted.
2.3.	The application submission comprises a letter from the agent and a site location plan with the two buildings (and some land around them) edged in red.
3.	RELEVANT PLANNING HISTORY

3.1.	There is no planning history directly relevant to the proposal
4.	PRE-APPLICATION DISCUSSIONS

4.1.	No pre-application discussions have taken place with regard to this proposal

5.	RESPONSE TO PUBLICITY

5.1.	This application has been publicised by way of a site notice displayed near the site, by advertisement in the local newspaper, and by letters sent to all properties immediately adjoining the application site that the Council has been able to identify from its records. The final date for comments was 23.10.2018, although comments received after this date and before finalising this report have also been taken into account. 
5.2.	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.	Wendlebury Parish Council – Objection: It was understood that under the Q56 specification, the buildings should be for agricultural use, but that these buildings were not attached to any farm within the village
STATUTORY CONSULTEES
6.3.	Local highway authority (OCC) – No objections
NON-STATUTORY CONSULTEES
6.4.	Environmental Protection (CDC): I would certainly have concerns about the potential for odour being an issue on the future residents – are they just going to be for farm workers?
6.5.	In addition we would like to more details to justify the agents statement that there is no contamination. Generally former farm buildings are at a higher risk of having had chemical and fuel spills that can seep into the soil and contaminate it and therefore we ask for the full contaminated land conditions on these sorts of applications. To be honest there isn’t really much information to go on – is there going to be garden areas attached, are new foundations going to be dug etc.
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 2018 (“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) 	in the case of—
(i) a larger dwellinghouse, within an established agricultural unit—
(aa) the cumulative number of separate larger dwellinghouses developed under Class Q exceeds 3; or 
(bb) the cumulative floor space of the existing building or buildings changing use to a larger dwellinghouse or dwellinghouses under Class Q exceeds 465 square metres;
(c) in the case of—
(i) a smaller dwellinghouse, within an established agricultural unit—
(aa) the cumulative number of separate smaller dwellinghouses developed under Class Q exceeds 5; or
(bb) the floor space of any one separate smaller dwellinghouse having a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order exceeds 100 square metres;
(d) 	the development under Class Q (together with any previous development under Class Q) within an established agricultural unit would result in either or both of the following—  
(i) a larger dwellinghouse or larger dwellinghouses having more than 465 square metres of floor space having a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order;
(ii) the cumulative number of separate dwellinghouses having a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order exceeding 5;
(e) 	the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
(f) 	less than 1 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 Q, unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use;
(g) 	development under Class A(a) or Class B(a) of Part 6 of this Schedule (agricultural buildings and operations) has been carried out on the established agricultural unit—
(i)	 since 20th March 2013; or
(ii) 	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;
(h) 	the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point;”
(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.	In view of the building type, size and location, and observations on site I have no reason to doubt that the use of the buildings themselves for agricultural purposes on 20th March 2013, but no evidence has been provided to this effect and on the officer’s site visit horseboxes were noted adjacent to at least one of the buildings.
8.3.	Further, other than the letter from the agent accompanying the application and dated 22nd August 2013, no information has been submitted to demonstrate the extent of the ‘established agricultural unit’ and therefore an assessment under parts (a), (b), (d) and (g) of Q.1 cannot be undertaken.
8.4.	The applicant’s letter refers to the criteria of Class Q as they were prior to 6th April 2018 (cf. Statutory Instrument 2018 No. 343).
8.5.	The applicant’s letter states the floor space for neither dwelling would exceed 465 sq m (the pre-April 2018 requirement) but does not spell out further what would be the floor space, to enable assessment as to whether the dwellings would be smaller or larger dwellinghouses. They are likely to be ‘larger’ but this is a best guess based on the information submitted.  Therefore assessment cannot be adequately made under criteria (c.) and (d).

8.6.	The application form states that the site is not under an agricultural tenancy agreement and nor had one been terminated in that last year. There is no evidence submitted in support of these statements. Therefore assessment cannot be adequately made under criteria (e.) or (f).

8.7.	Given that this application seeks approval under Q.1 only, criterion (h) is not relevant for this application.

8.8.	However, in order for a positive determination to be made under Class Q, it needs to be demonstrated that the existing building(s) is/are “already suitable for conversion to residential use” (PPG), and it needs to be demonstrated that any alterations to the building would not “go beyond what is reasonably necessary for the conversion of the building to residential use” (PPG).  In the absence of information in this regard, the proposal conflicts with criteria (i).

8.9.	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.
In summary; 
8.10.	Criteria (j) – (m) are taken to be satisfied.  However, insufficient information has been submitted to enable assessment under criteria (a) – (g) and the proposal conflicts with criterion (i).

Transport and Highway impacts
8.11.	The local highway authority has not objected to the proposal, although requests a condition requiring parking provision on site, ideally for six spaces.  Judging from the few allowed appeal decisions for Class MB / Class Q development, it is possible to impose conditions on approvals and so it is considered that any impacts in this regard could be made acceptable.
Noise impacts, Flooding risks & Contamination risks
8.12.	No response has been received in relation to noise or flooding. It is considered that contamination risks may be addressed by appropriately worded conditions. However, the Environmental Protection Officer comments that in the location proposed and with agricultural use continuing around the dwellings, the location would be impractical and undesirable, and would have an adverse impact on the living conditions of future residents of the dwellings.
Curtilage
8.13.	Paragraph X 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”.

8.14.	In this instance, the subject building has a gross external floor area of x sq m, and the land proposed to be included within the curtilage of the dwelling amounts to x sq m. The proposed curtilage is CHECK within what would be permitted.

Location and siting 

8.15.	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. 

8.16.	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.

8.17.	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.

8.18.	Having regard to the location and context of the building, with farm buildings close at hand and continuing agricultural use surrounding the site, it is considered that the proposal does not satisfy this criterion.

9.	PLANNING BALANCE AND CONCLUSION
9.1.	The proposed development accords or is likely to accord with criteria Q.1 (j) – (m).  However, no information has been submitted to demonstrate that the buildings are suitable to be converted under the terms of Class Q.  In addition, no information has been submitted to demonstrate the extent of the ‘established agricultural unit’ and therefore an assessment under parts (a), (b), (d) and (g) of Q.1 cannot be undertaken.  Further, no information has been submitted to show the proposal complies with criteria (e.) and (f) of Q.1.  It is also noted that agricultural use continues at the site, with existing livestock buildings around and adjacent to the two proposed for conversion, and finally it is noted that the site may also be used for equine purposes, i.e. not solely in agricultural use.
9.2.	Therefore, on the basis of the information submitted, it is not reasonable for the LPA to give prior approval.
10.	RECOMMENDATION
That permission is refused, for the following reasons:

(1) Insufficient information has been submitted to demonstrate that the existing buildings are capable of being converted in accordance with criterion (i) of Class Q.1 of the Town & Country Planning (General Permitted Development) (England) Order 2015. The application is therefore refused in accordance with paragraph W. (3) (b). In the absence of any supporting information, the Council concludes that the existing building structures are incapable of conversion in accordance with paragraph Q.1 (i) of Class Q, Part 3, and that the works proposed are so extensive as to constitute a rebuilding of the existing buildings, which is not permitted under Class Q of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended).

(2) Insufficient information has been provided which demonstrates that the proposal meets the criteria of paragraphs Q.1a; Q.1b, Q.1c, Q.1d or Q.1g (the full extent of the agricultural holding has not been identified); and Q.1e or Q.1f (no information on ownership).  In the absence of a complete site plan, it has not be possible to establish whether the proposal meets all of the criteria of Class Q (as required in the procedure for applications - Paragraph W3(b) of Part 3).

(3) Insufficient information has been provided to demonstrate that the site is solely in agricultural use.  The proposed development is therefore not permitted under Class Q of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended).

(4) It has not been demonstrated that the location of the buildings would not make them impractical or undesirable for the buildings to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order.

Case Officer: 	Michael Sackey	DATE: 26.10.2018	
Checked By: 	Nathanael Stock	DATE: 30.11.2018