Agricultural building conversion at Land Adjoining, 1 Main Street, Osgathorpe

What was proposed

The application sought permission to convert an agricultural building into an open-market dwelling with two bedrooms, living spaces, parking and biodiversity land.

“Proposals and Background Full planning permission is sought for the conversion of an agricultural building to a dwelling at Land adjoining 1 Main Street, Osgathorpe. The application form states that the proposal is for an open market dwelling and the proposed conversion is to be utilised for the applicant’s personal home, although this could not be secured under any planning permission.”

“The existing building features a rectangular plan-form, a shallow pitched roof, and is constructed of metal sheet cladding to its walls, sheet cladding to its roof. Internally, half of the building features a concrete floor, the other half is open to its front and has no made-up floor. The building features steel rafters and timber purlins. The building is positioned within a field which is bound at all sites by field hedgerows and trees.”

Officer report

What officers recommended

Officers recommended approval because the realistic fallback conversion carried significant weight and outweighed policy conflict, while other impacts were acceptable or controllable by conditions.

“This fallback position is afforded significant weight in the assessment of this application and is considered to outweigh the conflict identified with Policies S2 and S3 of the North West Leicestershire Local Plan (2021) in this case. The principle of the development is therefore considered to be acceptable.”

Officer report

Main planning issues

The site was outside development limits and poorly served by sustainable transport, but the fallback position was considered to have the same planning impacts.

“Such a fallback position would arise through the Permitted Development rights for changes of use of buildings on agricultural units and former agricultural buildings to dwellinghouses, under Class Q in Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”).”

“Principle of Development Summary The site is located outside of the Limits to Development set out in the North West Leicestershire Local Plan (2021) where the re-use and adaptation of buildings for appropriate purposes including housing in accordance with the Settlement Hierarchy (Policy S2) is supported.”

Officer report

What consultees said

Highways, ecology and contaminated land consultees raised no objections subject to conditions, while environmental protection, conservation and archaeology raised no objections.

“Summary of Consultations and Representations Received The following summary of representations is provided. All responses from statutory consultees and third parties are available to view in full on the Council’s website. Representations from: Osgathorpe Parish Council makes one observation as to whether the application conforms with Policy S3(iii) of the Adopted Local Plan.”

“No Objections, subject to conditions and/or informatives, from: Leicestershire County Council Highway Authority Leicestershire County Council Ecologist North West Leicestershire District Council Contaminated Land Officer…”

Officer report

Who spoke

The Planning and Development Team Manager presented the report, and the applicant spoke about downsizing, farming, lighting, buses and emerging planning policy.

What members discussed

Members asked about flooding and considered objections about agricultural buildings becoming homes; they also considered the village well served and roads well lit.

“In determining application members sought clarity on the risk of flooding in the area and noted that there were four objections to the application, as they felt that there was a loop hole, in terms of agricultural buildings could be built to be turned into residential properties at a later date. Members considered that the village was well served by sustainable transport, and the roads were well lit.”

Minutes

The vote and decision

The motion to permit was proposed and seconded, then carried by recorded vote, with the application permitted in accordance with the officer recommendation.

“The officer’s recommendation to permit the application was moved by Councillor M Wyatt and seconded by Councillor N Smith.”

“Chairman’s initials Motion to permit in accordance with Officer's recommendation (Motion) Councillor Russell Boam Conflict Of Interests Councillor Dave Bigby Abstain Councillor Richard Blunt Conflict Of Interests Councillor Rachel Canny For Councillor David Everitt Abstain Councillor John Legrys For Councillor Peter Moult Abstain Councillor Carol Sewell Against Councillor Jenny Simmons For Councillor Nigel Smith For Councillor Michael Wyatt For Carried…”

Minutes