Land at Berry Cross, Peters Marland

appeal 6010409·Torridge·20 August 2026dismissed
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.

PolicyFindingWeightNote
DM9not-engagedGPDO 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

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.