Spa, cabins and café at Black Barn, Filby Heath, Filby

What was proposed

The application sought a spa and treatment facility with café, four holiday cabins with hot tubs, and a retrospective enlarged car park.

“06/24/0914/F– (Click here to see application webpage) Site Location: Black Barn Market Lane Filby Heath Filby NR29 3ST Proposal: (1) Change of use from residential dwelling with associated holiday let accommodation and private or private-hire swimming pool and hot tub, into a mixed use spa and treatments leisure facility with cafe (sui generis use). (2) Part-retrospective application for erection of 4no.”

“This application seeks to change the use of the property from a C3 dwelling with associated holiday let and private hire swimming pool into a mixed-use spa and treatment leisure facility with a café to the rear for the use of guests. The outdoor octagonal ‘pods’ which are currently used for treatments are proposed to be used for sleeping accommodation, accommodating 2 people each (a total of 8 guests).”

Officer report

The site and surroundings

The rural site contains a dwelling, holiday annexe and swimming pool, beside open fields and a narrow single-track country lane.

“Black Barn is a dwelling located on the western side of Market Lane. The surrounding area is rural in character and the site is surrounded by open fields/paddocks. Market Lane itself is a narrow, single track country lane with limited passing opportunities; the site is located towards the northern end of Market Lane, roughly 100m from the junction with the A1064 where a number of dwellings located on Filby Heath are clustered.”

“The lawful use of the property is as a C3 residential dwelling, with an attached annexe used for holiday let purposes and a for hire swimming pool. The property has been being used unlawfully as a boutique resort with overnight stays and spa treatments on offer. There have also been structures erected within the rear garden without planning permission which are used as treatment rooms.”

Officer report

Earlier applications and use

The property had been used unlawfully as a boutique resort, and an earlier attempt to regularise the existing operation was refused in 2024.

“An application to regularise the use of the site in its existing form (06/23/0822/CU) was refused in July 2024. This application was refused because the site is located within an unsustainable location, because it proposed a main town centre use and no sequential test had been provided, and due to concerns about the landscape harm arising from additional carparking required for the increase in staff.”

Officer report

Consultes and residents

The highway authority recommended refusal over car dependence and increased vehicle movements, while other consultees raised no objection and two residents’ letters opposed the scheme.

“The Local Highway Authority have raised similar concerns to the previous application in terms of the increase in vehicle movements from clientele, staff and servicing needs compared to the lawful use of the site as a residential dwelling, holiday let and for-hire swimming pool.”

“- Concerns that the additional carparking area is only leased short term and what would happen if this agreement stopped. - Over intense use of the site and resulting vehicle movements. - The additional car park would have an urbanising impact on the countryside. - The business is operating without planning permission. - Nothing has changed since the previous refusal. - The site is outside of the village development limits.”

Officer report

Who spoke

The applicant’s agent supported approval, while the parish council supported the application but repeated concerns about parking during events.

The decision

The application was approved subject to receipt of the GIRAMS contribution and the conditions recommended by officers.

“06/24/0914/F should be APPROVED subject to:- i)The required GIRAMS contribution of £608.17 first being received ii)The conditions below (to be added to, modified and amended as necessary).”

“That application number 06/24/0914/F be APPROVED subject to:- i)The required GIRAMS contribution of £608.17 first being received ii)The conditions below (to be added to, modified and amended as necessary).”

Minutes