EXTENSIONS TO BARN CONVERSION APPROVED.
WYMONDHAM, NORFOLK.
Bucks Lane Barn, Wymondham, Norfolk.
Variation of Planning Condition Application to allow for new first floor on the approved gymnasium and garage.
Introduction
Following the original planning approval for the barn conversion and detached garage at Bucks Lane Barn EN-PLAN were able to secure planning approval to alter the original planning conditions to allow for a material alteration to the design of the gymnasium and garage and allow for an increase in ridge height and lowering of the eaves height that produce a design that compliments the main unit and allows for the addition of a of a first floor at a later date, as and when required. by the owners. The owners who are pursuinga healthy lifestyle are keen to utilise the space for a home gymnasium and yoga studio. The positon of the building in the Norfolk countryside makes for a perfect setting.
Much of Norfolk's landscape is dominated by arable farmland, with vast fields of crops, such as wheat, barley, and sugar beet. The county is renowned for its fertile soils, and agriculture has been a significant part of the local economy for centuries. The agrarian setting of Bucks Lane Barn rflects the farming history of the area and it is with this in mind that all development on site has been designed in order to protect the plain simple utilitarian vernacular of the locality.
Wymondham itself is a historic market town located in the county of Norfolk, England. Its history dates back to ancient times, and the town has seen significant developments and changes over the centuries. Wymondham's history can be traced back to the Saxon era.
Variation of Condition 2 of 2014/1908 - Changes to roof pitch, window layout and garage design Bucks Lane Barn Buck's Lane Wicklewood NR18 9BL.
Ref. No: 2018/0745 | Received: Mon 02 Apr 2018 | Valid
ated: Fri 06 Apr 2018 | Status: Decided
The application has allowed for an increase in usable domestic flloor area for this residential adjunct and offer flexibility in the accommodation on site that can respond to the familys changing needs in the future. Future avenues for the owners to explore are the creation of primary living accommodation in the outbuilding to create an annex or the conversion fo the building to a stand alonge residential unit or holiday let.
It shold be noted though that normal hosueholders can build an aray of incidental doemstic buildings under permitted development rights that they aoutomiocally have as the owner of the proety. These rightsa are explained below.
Over the past two years we have seen a stark rise in outbuilding enforcement cases across England. This has been caused by a misunderstanding of Schedule 2 Part 1 Class E of the General Permitted Development Order.
Homeowners tend to think that as long as they remain within dimensional restrictions then they can build large outbuildings without permission – unfortunately it is not as simple as that. En-Plan have seen more and more homeowners falling foul of the confusion over what is and isn’t an ‘incidental use.’
Under Schedule 2 Part 1 Class E of the GPDO, permitted development is defined as:
“(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure”.
The fundamental word used in the GPDO is incidental, but in planning terms what does this actually mean?
The dictionary definition is: “Of a minor, casual, or subordinate nature”. Therefore, many homeowners press ahead with large outbuildings, granny annexes, summer houses and garden offices thinking that these are incidental in scale and use to the main dwelling.
However, many outbuildings such as granny annexes and staff accommodation are actually defined as having an ‘ancillary use’. Whilst the dictionary definition of this sounds similar to ‘incidental’, being defined as: “of secondary importance, auxiliary or supplementary,” this in fact is an entirely separate concept in planning law.
Whilst ‘ancillary’ and ‘incidental’ are seemingly similar in their general definitions, the application of these terms within the context of planning means they are fundamentally different.
Planning Definitions
There is so much case law examining ancillary/incidental it is difficult to briefly summarise – but in its most basic terms:
ANCILLARY (needs planning permission) = generally anything you (as a person ) could do normally in a standard house as built; e.g. eat, sleep, sit comfortably, pray, study, watch tv, shower.
INCIDENTAL (permitted development) = generally everything else. Including storage, swimming, bowling, gym, art studio, or something that can be classed as a hobby. An incidental use is “parasitic” on the primary use- it cannot exist without it. Also ancillary use can be incorporated as long as it’s subordinate to the incidental, i.e. shower room for gym or small bar area- these are seen to not materially extend the normal living accommodation at the property.
Given that Permitted Development rights are supposed to make life easier, the confusion over what you can and can’t do in outbuildings is an example of where this simply isn’t the case.
Before you embark on your outbuilding development we strongly recommend you make absolutely sure you don’t need planning permission.
Further Information on the Variation of Planning Conditions
Section 73 of the Town and Country Planning Act 1990 allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission. The local planning authority can grant such permission unconditionally or subject to different conditions, or they can refuse the application if they decide that the original condition(s) should continue. Please refer to our dedicated page on this matter for further examples.
Your application must be submitted on the National Planning Application Forms (1APP). You can submit the forms by post or online via the Planning Portal. For more information please refer to Information and Resources. Please refer to our dedicated variation of planning conditons page for further information.
Latest Developments at Bucks Lane Barn
Proposal and Site Context
The planning application site lies within the open countryside and accommodates an existing barn conversion and outbuilding. The site is entirely exposed to the open agricultural fields that bound it. The dwelling and outbuilding create a courtyard style arrangement which accommodates the main entrance to the dwelling. The proposal is to erect two lean-to extensions to the dwelling and a small lean-to extension to the outbuilding. The extenmsion sare to facilate the housing of an air source heat pump, new utility room, and the removal of passive solar gain in the summer months by the canopies added to the western elevation.
Assessment
The extensions are acceptable in principle under Policy DM3.6. As such the main considerations are design and impact upon residential amenity.
With reference to design the scale, form, choice of materials and overall design details were all considered appropriate and in keeping with the existing dwelling. Regarding the dwelling alterations, the northern side extension continues the existing form of the single-storey element and fenestration details are consistent with existing. The western extension also follows the form of a traditional lean-to extension with matching materials. Regarding the small extension to the outbuilding, this also follows a simple lean-to form with matching materials. The extensions are visible across the wider open views which include listed buildings, however, given the traditional and consistent approach, the extensions were considered to not adversely impact the character and appearance of the barn which continues to clearly appear to be the buildings’ original purpose or the wider area / surrounding heritage assets. It was considered that the proposal did accord with Policy 16 of the NPPF, Policy DM3.8 and DM4.10 of the SNLP and Sections 16 and S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
With regards to impact upon residential amenity, there was not considered to be any adverse impact on privacy, daylight, direct sunlight, or outlook by virtue of the siting of the proposed alteration and distance of this to the nearest neighbouring residential property. Thus, the proposal accords with Policy DM3.13.
The extensions are not considered to impact parking and turning facilities considering their location and purpose. Thus, the site continues to accord with Policy DM3.12.
Other Considerations
The application was also assessed against the conservation objectives for the protected habitats of the River Wensum Special Area of Conservation and the Broads Special Area of Conservation and Ramsar Site concerning nutrient pollution in accordance with the Conservation of Species and Habitats Regulations 2017 (as amended) (Habitats Regulations).
The River Wensum Special Area of Conservation (SAC) and the Broads Special Area of Conservation and Ramsar Site are two important designations that recognize the ecological significance and conservation value of these areas in Norfolk, England. The River Wensum SAC is a protected area designated under the European Union's Habitats Directive. It is located in the county of Norfolk and encompasses parts of the River Wensum and its surrounding habitats. The River Wensum is a chalk river that flows through the city of Norwich and its surrounding countryside. The SAC designation is primarily aimed at protecting and conserving the river's diverse range of habitats and species. The River Wensum is known for its high ecological value, supporting a variety of plant and animal species, including important populations of aquatic plants, invertebrates, fish, and birds. The conservation measures implemented within the SAC aim to preserve the river's natural flow dynamics, water quality, and riparian habitats, ensuring the survival of its unique biodiversity.
The Broads is a network of interconnected lakes, rivers, and marshes situated in Norfolk and parts of Suffolk. It is one of Britain's most significant wetland areas, providing vital habitats for a wide range of plants, animals, and birds. The Broads has received dual protection under both the Special Area of Conservation (SAC) and Ramsar Site designations. Designated under the Habitats Directive, the Broads SAC aims to safeguard the unique and diverse wetland habitats found within the area. These include reedbeds, fens, grazing marshes, open water, and wet woodlands. The protection measures focus on maintaining and restoring the ecological integrity of these habitats, promoting sustainable land management, and ensuring the survival of rare and endangered species. The Ramsar Convention is an international treaty dedicated to the conservation and sustainable use of wetlands. The Broads has been designated as a Ramsar Site due to its importance as a wetland of international significance. The designation recognizes the area's critical role in supporting a wide array of waterfowl, migratory birds, and other wetland-dependent species. It also highlights the Broads' ecological functions, such as flood regulation and water purification. Both the River Wensum SAC and the Broads SAC and Ramsar Site play a crucial role in preserving the natural heritage of Norfolk, protecting valuable ecosystems, and providing opportunities for people to enjoy and appreciate the beauty and biodiversity of these special places.
The Habitat Regulations require Local Planning Authorities to ensure that new development does not cause adverse impacts to the integrity of protected habitats such as the River Wensum or the Broads prior to granting planning permission. The proposal relates to an existing residential unit and will not increase the number of dwellings. Using the average occupancy rate of 2.4 people, the proposal is unlikely to lead to a significant effect as it would not involve a net increase in population in the catchment and is not considered a high water use development. This application has been screened, using a precautionary approach, as is not likely to have a significant effect on the conservation objectives either alone or in combination with other projects and there is no requirement for additional information to be submitted to further assess the effects. The application can, with regards nutrient neutrality, be safely determined with regards the Conservation of Species Habitats Regulations 2017 (as amended).
Under Section 143 of the Localism Act the council is required to consider the impact on local finances. This can be a material consideration but in the instance of this application the other material planning considerations detailed above are of greater significance.
Conclusion
It is considered that the design of the extensions are in keeping with the property and that the proposal will not have an adverse impact on the wider open countryside and heritage assets or the amenity of either the immediate neighbours or the wider area. As such the proposal accords with the criteria set out within policies DM3.6, DM3.8, DM3.12, DM3.13 and DM4.10 of the Local Plan, Policy 1 and 2 of the Joint Core Strategy and Sections 16 and S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Further Information
If you would like to discuss varying an existing permission and see how we can help you improve any barn conversion you have please do not hesitate to contact us for a free no obligation consultation.
