Appeal 6002407

The appeal is allowed and planning permission is granted for conversion of the former stable building to form one dwelling (self-build) including removal of sand school at [site address] , [site address] [postcode] in accordance with the terms of the application, [name]/2025/1498, subject to the conditions in the attached schedule.

The main issues in this appeal are: • Whether the proposed development would be in a suitable location, having regard to the local development strategy; and • The effect of the proposed development on the character and appearance of the area.

The appeal site comprises a stable building associated with an existing dwelling, [address]. The site is in a rural, countryside location.

Policy HOU5 of the Ashford Local Plan 2019 (ALP) concerns residential windfall development in the countryside. The first part of Policy HOU5 relates to proposals for residential development adjoining or close to the existing built-up confines of settlements listed in the policy. The site is approximately 1.6km west of [name] village. Therefore, the site is not close to, and does not adjoin, the confines of any settlement and criteria (a) to (f) of Policy HOU5 would not apply.

The second part of Policy HOU5 concerns residential development elsewhere in the countryside and is therefore applicable to the appeal proposal. It supports development which complies with one or more listed criteria, including proposals for the re-use of redundant or disused buildings where this leads to an enhancement of the immediate setting.

The proposal seeks conversion of the stable to form one dwelling. The stable is adjacent to a sand school and paddock in the appellant’s ownership. There is a clear functional relationship between the stable building and surrounding land, and the stable would be capable of re-use for equestrian purposes.

However, Policy HOU5 does not assign the terms “redundant” and “disused” any additional meaning beyond their ordinary definitions. Paragraph 6.62 of the ALP indicates that proposals will need to demonstrate the existing building is “no longer needed for their current or previous use”. The appellant indicates the stable is not required for equestrian purposes since no horses are kept on site. Therefore, the building is no longer needed and is thus redundant and disused.

In addition, paragraph 6.62 continues that “the building shall have been appropriately maintained and not allowed to fall into disrepair”. The stable is an L-shaped building of modest height with a low-pitched roof and five stalls, sited on a concrete apron slab. It is constructed of a light timber frame clad with horizontal timber and has a corrugated sheet roof with rooflights. The building is therefore a lightweight structure of modest scale. However, it is not a skeletal structure and has not fallen into disrepair but remains in generally good condition.

The proposal does not contain a full structural survey to demonstrate that the works required would be limited to those necessary to facilitate the conversion of the existing building. However, Policy HOU5 does not include a requirement for such technical evidence and provides no specific limitation or threshold on the extent of conversion works permitted to support the re-use of a building.

New timber double glazed external doors and windows would be inserted and would be necessary to make the building habitable. A drawing1 provides detail of the refurbished external timber wall. Whilst the drawing illustrates that internal works would be required to provide structural integrity, insulation and layout, the submitted plans show that the building’s overall scale, form and external structure would be retained.

The proposed elevation drawing2 provides a finishes schedule which indicates the walls and roof would retain the existing horizontal timber cladding and bitumen roof sheets. Therefore, through utilising existing finishing materials, the external appearance of the building would be maintained.

For these reasons, the proposal would not amount to substantial rebuilding, and the proposal would comprise the re-use of a redundant and disused building.

The proposal indicates the existing sand school to the east of the site would be removed. However, the sand school is beyond the red line site boundary and therefore it is unclear whether its removal would be secured by the scheme. In addition, it is not explained how the area of the sand school would be remediated following its removal. 1 Drawing no 550 D1 [name] 2 Drawing no 550 08 [name]

The site’s immediate setting includes a group of existing trees, scrub vegetation, and mown grassland. The Proposed Landscape Plan3 incorporates recommendations of the [name] (PEA) and would secure additional planting of trees; a staggered, double row of native hedge species; beds of native and ornamental planting; areas of grass turf and wildflowers. The planting would include species of value to wildlife and pollinators, and the proposal would include installation of a cavity-nesting bird box, bat box, artificial bee brick, hibernacula, and a hedgehog house. The proposal would therefore enhance the building’s immediate setting by increasing its biodiversity value, and through the positive visual impact of the location and diversity of planting which would assimilate the development with its surroundings.

For these reasons, the proposal would comprise the re-use of redundant or disused buildings and would lead to an enhancement of the immediate setting and would therefore comply with ALP Policy HOU5. Having regard to the local development strategy, the proposed development would be in a suitable location.

The appeal site is a modest area containing the stable building and surrounding grassland. It sits within a larger land parcel in the ownership of the appellant4, which comprises a large, detached dwelling, garden land, outbuildings, a sand school, and paddock. In front of the site is a rectangular land parcel containing outbuildings and mown grass which is understood to have planning permission for the erection of a new dwelling5. Whilst post and rail fences separate parts of the appellant’s landholding, there is a clear visual and functional relationship between these areas.

The large areas of garden and paddock contribute a green, open and spacious character. However, the prominent dwelling, outbuildings and landscaped garden areas provide an overall domestic character to the landholding.

The side boundary of the appellant’s landholding abuts a strip of woodland to the north, and there is a dense hedgerow along the highway frontage. The landholding’s rear and southern side boundary are demarcated by mature trees and hedges. Therefore, the landholding experiences significant enclosure and is distinct from the surrounding countryside landscape.

The appeal site is set back from the public highway and is positioned close to the woodland to the north which, together with the vegetated boundaries of the wider landholding, conceal the site from view from the surrounding landscape. Therefore, views of the proposed development would be highly localised and would be generally limited to private land within the appellant’s ownership.

Moreover, as discussed above, the proposed development would retain the scale, form and external materials of the stable building and the extent of change to the building’s external appearance would be limited.

The landscaping proposals would enclose the site with a double row native mixed hedge and tree planting. This would screen the development and provide visual assimilation with the vegetated boundaries of the wider landholding and nearby 3 Drawing no: PJC.1410.001 A 4 As demarcated by the blue line on drawing no 550 01 A Location & Block Plan 5 LPA ref: PA/2023/1520 woodland. Therefore, the proposed development would not be visually incongruous within its landscape setting.

As set out above, the proposal involves re-use of an existing building and relates to a modest area of land with a close relationship to an existing dwelling plot and a high degree of enclosure from the surrounding landscape. The proposed development would be of limited visibility from public vantage points, with further mitigation provided by the landscaping proposals. Therefore, the proposal would not result in a significant loss of countryside and would not appear as unacceptable domestication in a rural location.

For these reasons, the development would have a neutral visual impact on the rural, countryside landscape. The proposal would therefore recognise the intrinsic character and beauty of the countryside and would not harm the character and appearance of the area.

The proposal would comply with ALP Policy ENV3a which resists development that would result in the loss of countryside or harm the character of the landscape.

The Council has suggested conditions which I have considered against the requirements of the National Planning Policy Framework (the Framework). In the interests of certainty, I have imposed the standard time limit for commencement and specified the approved plans.

To maintain and enhance the character of the area, I have included conditions requiring submission of details of external materials, external lighting, and boundary treatments, and the implementation of the landscaping scheme.

To reduce risk of flooding and protect water quality, I have attached a condition requiring submission and implementation of drainage schemes. To conserve water resources in accordance with ALP Policy ENV7, I have included a condition requiring the development meet the higher standard of water efficiency set out under the building regulations Part G2. To protect health and the environment, I have attached a condition requiring the reporting of any contaminated land discovered during construction. To provide ecological enhancement, I have attached a condition requiring the proposed development be carried out in accordance with the recommendations of the PEA.

To ensure the development provides a suitable standard of living accommodation and to maintain the local environment, I have included conditions requiring provision of waste storage and cycle storage facilities. In the interests of highway safety and to support a transition to low carbon and sustainable modes of transport, I have included conditions requiring the provision of the proposed car parking spaces and electric vehicle charging point.

I have not imposed the suggested conditions relating to the removal of permitted development rights. Paragraph 55 of the Framework indicates planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so. Such a condition would not be necessary to make the proposal acceptable in planning terms and would not comply with the Framework.

For the reasons given above, having regard to the development plan taken as a whole and all other relevant material considerations, I conclude the appeal should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos 550 01 A Site Location & Block Plan; 550 02 A Site Block Plan; 550 02 [duplicate ref] [name] and [name]; 550 04 [name]; 550 07 [name] and [name]; 550 08 [name]; 550 09 Cycle / [name] and elevations; 550 10 A Climate Change Mitigation Plan; 550 D1 Refurbishment of [name]; PJC.1410.001 A Proposed Landscape Plan.

No development above ground level shall take place until details of external facing materials have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Before the development is first occupied, the landscaping works shall be carried out in accordance with the approved details, as shown on drawing no PJC.1410.001 A. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

No building hereby permitted shall be occupied until details of surface water and foul drainage have been submitted to and approved in writing by the local planning authority and the drainage systems for the site have been completed in accordance with the approved details. The drainage systems shall be managed and maintained thereafter in accordance with an approved management and maintenance plan.

No external lighting shall be installed on the development other than in accordance with details that have previously been submitted to and approved in writing by the local planning authority.

The development hereby permitted shall not be occupied until the refuse storage and cycle storage facilities have been provided in accordance with drawing no 550 09. Thereafter those facilities shall be retained.

Prior to the occupation of the development hereby permitted, details of the positions, height, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the local planning authority. The boundary treatment shall be completed as in accordance with the approved details before the building is occupied.

The development hereby permitted shall not be occupied until measures for the enhancement of ecology have been implemented in accordance with the recommendations at section 5 of the [name] 6382E/25/01, dated 08 July 2025, and shown on drawing no PJC.1410.001 A. All features shall be retained and maintained thereafter.

The development hereby permitted shall not be occupied until the vehicle parking spaces have been provided in accordance with drawing no 550 10 A. Thereafter those spaces shall be retained for the parking of vehicles only.

Prior to first occupation of the development hereby approved, a connected electric vehicle charging point shall be provided on site for the dwelling. Thereafter, the charging point shall be maintained as such at all times.

Any contamination that is found during the course of construction of the development hereby permitted that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended until a risk assessment has been carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, the development [or relevant phase of development] shall not resume or continue until remediation and verification schemes have been carried out in accordance with details that shall first have been submitted to and approved in writing by the local planning authority.

The development hereby approved shall meet the higher level of water efficiency of 110 litres per person, per day as set out under the building regulations Part G2 or any superseding standard. The building shall not be occupied unless this standard has been met and this standard shall be maintained thereafter. END OF SCHEDULE