- Decision
- dismissed, 20 August 2026
- Decided by
- Planning Inspector: C Cooper-Young
- Authority
- Torridge (South West)
- Appeal reference
- 6010409
- Application reference
- 1/0031/2026/AGMB
- Procedure
- written representations
- Development
- Class Q prior approval, agricultural building to 1 dwellinghouse with building operations
- Homes
- 1
- Site context
- open countryside
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM9
- Main issues
- whether permitted development
Summary
Class Q barn-to-dwelling prior-approval appeal, dismissed on a point the Inspector raised herself. The barn's 1997 permission restricted it to agricultural use "only and for no other purpose", and under Article 3(4) that impliedly excludes PD rights (DL ¶¶10–14). The new Framework was noted as not raising determinative matters (DL ¶5).
What made the difference
The word "only" in the use condition "evinced an intention to identify an acceptable use, whilst prohibiting unacceptable uses" (DL ¶12). The Class Q limitations were never reached. A separate costs decision was issued.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM9 | not-engaged | GPDO Article 3(4) — 1997 condition "used for agricultural purposes only and for no other purpose" impliedly excludes Class Q; Framework "does not raise any new matters which are determinative" (DL 5, 10-14) |
Key facts
- 1997 permission 1/1407/97/34/0017 condition limited the barn to agriculture "only and for no other purpose"
- Inspector raised the condition point on her own initiative and sought parties' views
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.