Loading document...
The application seeks approval for the erection of a conservatory and the conversion of roof space to additional living accommodation by the installation of gable windows and two rooflights at a detached dwelling in Bride. The dwelling is a farm workers dwelling that was granted approval in principle approval under PA00/00884/A and reserved matters approval under PA03/00203/B.
The approval in principle was initially refused and approved on review. The review approval was subsequently taken to appeal and was approved on appeal by the Minister in accordance with the Planning Inspector's recommendation. I am uneasy with the original approval on the basis that the grounds for the need for the agricultural workers dwelling seem inadequate. However, approval was granted and the dwelling has been constructed. Whilst condition no. 2 of the approval in principle stated that the dwelling must be single-storey only I cannot find any specific reference to explain this requirement and can only suggest that it was so as to avoid a larger and taller dwelling being built on the site. It is also arguable that the proposed windows and rooflights do not actually make the dwelling
two-storey in the sense that the approval in principle envisaged. Regardless, I do not consider that a refusal based around this condition would be readily defendable.
The dwelling approved under reserved matters is a two-bedroom dwelling and the proposed conversion of the roofspace would result in a five-bedroom dwelling. The dwelling has an agricultural tie attached to it and given the size of the dwelling and the related land associated with it I would suggest that if the current occupant were to leave it would probably only fulfil the condition as a retirement dwelling. I believe that the addition of a further three bedrooms would result in a dwelling that was not realistically affordable by someone meeting the requirements of the agricultural workers tie. Generally, I consider that this is a situation that should be avoided. However, this position has been previously difficult to defend and I can recall a previous refusal of an application to extend an agricultural workers dwelling being approved at appeal.
Bride Commissioners have objected to the application on the basis that the extra rooms would take the property far outside a farmworkers reach. The occupant of Clagh Vane, a property located further down Kionlough Lane, has objected to the application on the basis that the development would materially change the basis under which approval was originally granted and result in a dwelling that was likely to be unaffordable by any agricultural worker.
I suggest that there are three possible outcomes for the application.
Firstly, a refusal on the basis that the proposed development would significantly alter the dwelling beyond the justification for its original approval and that it would result in a dwelling that would be no longer realistically affordable by future agricultural workers.
Secondly, a split decision on the basis that the impact of the conservatory is acceptable and relatively unobjectionable but the conversion of the roofspace is unacceptable for the reasons previously cited.
Thirdly, an approval on the basis that the impact of the conservatory, windows and rooflights is acceptable and it is inappropriate to seek to restrict the use of the roofspace in accordance with the agricultural workers dwelling.
Recommended Decision : Split Decision
Date of Recommendation : 05.10.2004
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
This approval relates only to the erection of a conservatory as shown in drawing no.s 2556/4 rev. A and 2736/1 date stamped the 16th July 2004. No permission is hereby granted or conferred for the
installation of gable windows and rooflights to allow the conversion of the roofspace into habitable living accommodation by this approval certificate.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
By reason that the installation of gable windows and rooflights would allow the conversion of the roofspace into habitable living accommodation the proposed development would unacceptably result in a dwelling that was no longer realistically affordable by any future prospective person(s) meeting the requirements of the agricultural workers condition that is attached to the dwelling. Furthermore, such an increase in the amount of habitable accommodation is viewed as being significantly beyond the reasoning and justification behind the original granting of approval for the erection of a dwelling in this location.
This refusal relates to the installation of gable windows and rooflights to allow the conversion of the roofspace into habitable living accommodation only.
Decision Made: Split Committee Meeting Date: 8-10-00
Copyright in submitted documents remains with their authors. Request removal
View as Markdown