- Decision
- dismissed, 22 September 2026
- Decided by
- Planning Inspector: Ann Veevers
- Authority
- Cheshire East (North West)
- Appeal reference
- 6007456
- Application reference
- 25/3358/PRIOR-3Q
- Procedure
- written representations
- Development
- Class Q prior approval for change of use of a steel portal-frame agricultural building to 4 dwellings
- Homes
- 4
- Site context
- open countryside
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- GPDO Sch2 Pt3 Q.2(1)(e), P3(2)(a)
- Main issues
- permitted development; location and siting (Q.2(1)(e))
Summary
A Class Q conversion of a farm building to four homes. The building qualified as permitted development on curtilage and extent of works, but prior approval was refused under Q.2(1)(e). The dwellings would sit next to a large open-sided farm building and yard that could be used intensively in future, and no noise or odour assessment was provided. The inspector brought in P3(2)(a) of the 2026 Framework through GPDO para W(10)(b) (DL ¶40).
What made the difference
Assessment against the potential lawful agricultural use, not the current low-intensity activity. "a snapshot in time ... would not necessarily be representative" (DL ¶46). An acoustic and odour assessment might have allowed mitigation by condition (DL ¶49).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| GPDO Sch2 Pt3 Q(a) / Q.3 curtilage | pass | curtilage (east gardens, west access) no larger than the building footprint; parking outside curtilage is not a bar (DL 12-22) | |
| GPDO Sch2 Pt3 Q(c) / Q.1(j) | pass | frame and envelope retained; internal party-wall footings do not take the works beyond conversion (DL 23-35) | |
| P3(2)(a) | fail | applied via GPDO W(10)(b) — noise and odour from adjacent large open-sided building/yard on a ~40ha holding that could be used more intensively (BNG habitat bank does not preclude livestock); no noise/odour assessment; location "undesirable" under Q.2(1)(e) (DL 40-52) | |
| HO7 | neutral | housing shortfall acknowledged but "not a relevant consideration" in prior approval, given no weight (DL 53); code mapped by harvester |
Key facts
- Farm said to be "winding down"; much of the land in a BNG habitat bank under a conservation covenant (DL 41-42)
- Plot 1 habitable windows on the north elevation, facing the open-sided building and feed hopper (DL 45)
- Separate appeal 6007422 for a second building on the same farm (DL 4)
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.