Appeal 6003579

The appeal is dismissed.

On 21 May 2024, [name] 2024 No 579 came into force amending Article 3(1), Schedule 2, Part 3, Class Q of the General Permitted Development Order (the GPDO). Under the transitional arrangements, the appellant has elected to use the permitted development right as it stood prior to 21 May 2024 and I have determined the appeal on that basis. All references to the GPDO in this decision therefore relate to the version that was in force prior to 21 May 2024.

I am aware that there is another current appeal1 on the site. That is the subject of a separate decision.

Class Q.(a) allows change from a use as an agricultural building to a use falling within Class C3 (dwellinghouses) of the Use Classes Order. [name].1 sets out the circumstances under which development is not permitted by Class Q.

The point at issue between the parties is whether the proposed development satisfies paragraph Q.1 (ba) in relation to whether it includes a dwellinghouse which has a floor space exceeding 465 sqm.

Against this background, I consider the main issue in this appeal to be whether the proposal would be permitted development under Schedule 2, Part 3, Class Q of the GPDO, having regard to the floor space of the proposed dwellings.

The existing building is a steel framed structure comprising a central barn with separate enclosures either side. It is clad predominantly in timber weatherboarding with its roof formed from corrugated, fibre cement sheeting. 1 Appeal ref: 6003542

The proposal involves conversion of the building to create 2 separate dwellings. The written dimensions on the proposed floor plan state the floor area of the larger of the two dwellings to be 394.1sqm. The smaller of the two dwellings would be single storey with a floor area of 100sqm.

Parts of the floor space of the existing building which are to be converted for use as part of the proposed larger dwelling are excluded from the floor space calculation on the proposed ground floor plan. The excluded areas are where sections of the existing external walls are to be removed to create a covered terrace which would wrap around the south western corner of the building and extend along much of the length of its southern end where it would abut a proposed pantry. An “outdoor kitchen” is also proposed together with a covered porch which is proposed to be created where there is an existing opening in the eastern elevation of the building.

Whilst paragraph W and the interpretation in paragraph X of the GPDO set out the procedure for applications for prior approval, neither they nor Class Q provide a definition of ‘floor space’ for the purposes of Class Q. Article 2 (1) of the GPDO however includes a definition of floor space for the purposes of interpreting the GPDO. The definition given is that “floor space means the total floor space in a building or buildings.”

The floor space of the proposed covered terrace, outdoor kitchen and parts of the covered porch currently lie entirely within the existing building, enclosed by its walls and roof. The rooms in the larger dwelling would be created through the installation of new walls and partitions within the existing building.

Even though parts of the existing external walls would be removed to create the terracing, the floor area of the covered terracing and covered porch would remain under the roof and within the structural framework of the existing building. Although described as an “outdoor” kitchen, this area would also remain under the roof of the existing building after its conversion and within its structural framework. Future occupants of the larger dwelling would be able to access the terracing, kitchen area and porch through connecting doors to the living rooms created within the core of the existing building. It is evident that those areas are intended for use by the occupants of that dwelling and would be integral to its use as a dwellinghouse.

Taking all these points together, in my judgement, the covered terrace and porch would form part of the floor space of the proposed larger dwelling. The Council’s calculations indicate that the inclusion of these elements would result in the floor space of the larger dwelling being “approximately 500sqm”. This figure is not challenged by the appellant and no alternative calculation of the floor space of the disputed areas has been provided to me. Therefore, on the basis of the evidence before me, I conclude that the proposal would result in the provision of a dwelling with a floor space in excess of 465sqm.

[name] have been provided with a recent appeal decision in West Devon2, only general reference has been made to other appeals where Inspectors have considered the distinction between internal and external floor space. I have not been provided with any details of those other appeals. Reference has also been made to previous applications to the Council to determine if prior approval is 2 Appeal Ref: 6000598 required for the proposed change of use of the building to 2 dwellings. I am not aware of the full details of those previous proposals and have determined this appeal on the basis of the evidence presented to me.

For the reasons given, I conclude that the proposal would not fall within the scope of permitted development rights under Class Q and would not be permitted development.

Although it is suggested that the retention of the existing roof over the proposed terraces was a deliberate design decision to preserve the agricultural character of the building, this does not override the requirement that the floorspace of any dwellinghouse may not exceed 465sqm.

Paragraph Q2. of the GPDO requires that development permitted under Class Q is subject to a number of conditions. However, in view of my conclusion on the main issue, it is not necessary for me to consider whether the proposal would comply with those conditions.

For the reasons given above the appeal should be dismissed.