3rd October 2023
Planning appeal rules in favour of new home
A GOVERNMENT inspector has over-ruled Cornwall County Council’s planning department which had refused permission for the change of use of an agricultural building at Morval into a dwelling.
Mike and Kim Spencer, of Wringworthy Farm, Morval, had appealed to the government after Cornwall Planners rejected their application in August 2022.
But Shaun Harrington, an inspector appointed by the Secretary of State, re-considered the application and said that the old redundant building should be converted into a dwelling.
Mr Harrington ruled that the county was wrong in its interpretation of the planning rules and told Mr and Mrs Spencer that they could change the use of the building, subject to conditions including one that any re-development had to be completed within three years.
The inspector noted that the main parties disagreed as to whether the scope of the building operations proposed would constitute a conversion of the building, and therefore, whether it would fall within the scope of the development permitted under the Class Q planning regulations – these allow for the conversion of agricultural buildings to houses without the need to apply for (formal) planning permission.
“The main issue,” said Mr Harrington “is whether the proposal would consist of building operations that exceed those permitted as reasonably necessary to facilitate the change of use of the building to a dwelling house, and as such whether the proposal falls within the scope of a conversion.
“The council raises concerns that the cumulative nature of the proposed works to facilitate the change of use goes beyond a conversion and would amount to a re-building of the building.”
But the inspector disagreed with that view and, after considering historical evidence of past appeals and other legal issues, he decided that the Spencers’ proposals would constitute permitted development as set out under planning law.
Inspector Harrington’s full ruling is available in the attached pdf.