Barn accommodation condition removal at The Barnhouse, Bottomhouse, Leek

What was proposed

The application sought to remove Condition 5, which prevented the dependent relative accommodation from being let or separately disposed of.

“This is an application to have Condition 5 removed from a planning permission granted in July 2001, under reference 01/0123/FUL. The permission was granted for the conversion a stone barn, adjacent to what was the applicant’s dwellinghouse, to provide ‘dependent relative accommodation’. The condition prohibits the accommodation from being let or separately disposed of from the dwellinghouse.”

Officer report

The site and its history

The Barnhouse is a converted three-bedroom barn near the original farmhouse and forms part of a wider equestrian centre with later camping facilities.

“The application concerns the Barnhouse, a converted stone and brick barn that provides residential accommodation with 3 bedrooms, bathroom, kitchen and lounge. The barn has late 19 th Century origins as part of Gooseneck Farm which, in the year 2000, became Beaver Hall Equestrian Centre with the addition of horse-riding arenas and, later, a club house and café.”

“The Barnhouse is within a linear range of barns that have proximity, across open yard, to the original on-site farm dwellinghouse that is approximately 25 metres to the northeast. At the rear of the Barnhouse there is an area of parking and a modestly sized walled patio garden. To the north, the Barnhouse adjoins a stone shed that appears to remain in functional use.”

Officer report

Earlier permissions and ownership

The original barn conversion was approved in 2001, while the farmhouse was later sold separately and the Barnhouse remained under the applicant’s ownership.

“The main farmhouse at Gooseneck Farm has been sold separately to the main Beaver Hall Equestrian site, which includes the Barnhouse, and is now in completely separate ownership. The applicant, and previous owner and occupant of the main farmhouse, has retained ownership of, and currently occupies, the Barnhouse.”

“00/00908/FUL Change of use to equestrian centre and construction of 2 menages. APPROVED. 01/00123/FUL Change of use/conversion of stable to form dependant relative accommodation (amended plans received). APPROVED. SMD/2011/1041 Change of use of equestrian centre to mixed use as equestrian centre, camping/caravanning (including provision of hard standing for 5 caravan pitches and up to 12 'camping pods') and occasional use for non-equestrian events. APPROVED.”

Officer report

Why officers recommended approval

Officers considered Condition 5 defunct, unenforceable and no longer useful, while proposing a replacement condition linking occupation to the commercial equestrian site.

“It is available to the Council, if a new replacement permission were granted, to introduce a replacement condition that, with improved precision, was directed specifically at prohibiting any occupation of the accommodation that would not be associated or connected with the commercial site.”

“Condition 5 is now defunct; it is no longer and cannot be complied with. To that extent, the condition cannot be enforced, and it serves no useful planning purpose or objective. There is no reason not to grant a replacement permission that omits that condition. In these regards, the condition is not considered to be necessary, relevant or reasonable. The condition does not, any longer, meet the appropriate ‘tests’ in those regards and should be removed.”

Officer report

Who spoke

The agent spoke in support of the application.

What members discussed

Members said the change would support housing supply but suggested that the condition should relate to the equestrian centre.

“Members commented that the change would support the housing supply, however, would suggest that the condition relates to the equestrian centre.”

Minutes

The committee’s decision

The committee resolved to grant the application for the reasons and policies in the report, adding a condition showing the connection between the business and property.

“That the application be granted for the reasons and based on the policies contained within the report;”

“That a condition be added to illustrate the connection between the business and the property;”

Minutes