Appeal Dismissed — the UK
S.26/0317/P3Q
Bassett Court Farm, GL11 6DQ
The appeal decision concerns the proposed change of use of an agricultural barn at Bassett Court Farm, North Nibley, to create two dwellings, which was refused by Stroud District Council. The main issues addressed by the Inspector were whether the proposed development constituted permitted development under Class Q of the General Permitted Development Order (GPDO) and whether prior approval should be granted, particularly concerning noise impacts and the practicality of the location due to nearby dog boarding kennels. The Inspector found that the proposed change of use and associated building operations fell within the scope of Class Q, as the barn was structurally sound and capable of conversion. However, significant concerns arose regarding noise impacts from the adjacent dog kennels, which could adversely affect the living conditions of future occupants. The appellant's unilateral undertaking to cease kennel operations before the occupation of the dwellings was deemed insufficient due to uncertainties regarding its enforceability and the potential for resumption of kennel use. Despite the arrangement of private amenity spaces being acceptable, the close proximity to the kennels and the lack of evidence demonstrating acceptable noise levels led the Inspector to conclude that the change of use would be undesirable. Consequently, the appeal was dismissed, with prior approval refused on the grounds of unacceptable noise impacts and the impracticality of the location. The Inspector emphasized that neither the submitted undertaking nor proposed conditions could adequately mitigate the identified concerns.
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