# Land at Berry Cross, Peters Marland

- **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
- **Tags:** tier-2, prior-approval, class-q, inspector-raised-own-ground, limited-nppf-engagement

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/published-document/84d65f51-e6ea-49a7-bbe2-af06eb27c44a
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6010409

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6010409.html

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