Application Details

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  • Application Number: 06/25/00002
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
02/03/2025
Application Decided:
11/03/2025

Subscription Request Sent :

Error :

Type:
Cert. of Lawfulness for Proposed Use/Dev
Location:
Brean Down Farm, Brean Down Road, Brean, Burnham On Sea, Somerset, TA8 2RS
Proposal:
Certificate of Lawfulness for the proposed change of use of agricultural barn to 2no. dwellinghouses (Use Class C3).
Case Officer:
Shanta Parsons
Registered Date:
24/02/2025
Applicant:
Mrs A Carey Rowbotham
Applicant Address:
Brean Down Farm Brean Down Road Brean Burnham On Sea TA8 2RS
Agent:
Mr M Parker, 57
Agent Address:
57 The Citrus Building Madeira Road Bournemouth BH1 1AR
Consultation Start Date:
26/02/2025
Earliest Decision Date:
02/03/2025
Decision Level:
Delegated
Decision:
Refuse Planning Permission
Decision Date:
11/03/2025

Conditions and Reasons

Number
Condition
Complied Date
1
The proposal to change the use of the barn to two dwellings would not be lawful without the developer first submitting an application for Prior Approval Under Class Q, Part 3 of Schedule 2 of the General Permitted Development Order (As amended) and the development must not begin before the occurrence of one of the following— (a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required; (b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or (c) the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused. Furthermore, taking into consideration the information provided within this application for certificate of lawfulness, the development would fail to meet the criteria within both the OLD legislation which relates to Class Q up until 20th May 2025 as well as the NEW legislaton currently in place. The proposal fails to meet Q.1(a), Q.1 (k) and Q.2 (1)(d) of the 'old rules' within Class Q, Part 3 of Schedule 2 of the General Permitted Development Order (As amended) for the following reasons: The site was not last used solely for an agricultural use as part of an established agricultural unit. It has been used for the residential storage for storing bikes, furniture and other items related to the household. The site is, or forms part of a site of special scientific interest. The red line application area includes the SSSI which runs alongside the northern boundary of the barn. In terms of flooding risks on the site, the site is within a high flood risk zone. Flood zone 3. The site is in an area of high flood risk and insufficient information has been provided to enable the Local Planning Authority to assess the flood impacts of the change of use. The Local Planning Authority cannot, therefore, be satisfied that the development will meet the requirements of the National Planning Policy Framework – namely that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere and, where possible, reducing the flood risk overall. and Q.1(l) (1) and Q.2 – (1) (d) of the 'new rules' within Class Q, Part 3 of Schedule 2 of the General Permitted Development Order (As amended) for the following reasons: The site is, or forms part of a site of special scientific interest. The red line application area includes the SSSI which runs alongside the northern boundary of the barn. In terms of flooding risks on the site, the site is within a high flood risk zone. Flood zone 3. The site is in an area of high flood risk and insufficient information has been provided to enable the Local Planning Authority to assess the flood impacts of the change of use. The Local Planning Authority cannot, therefore, be satisfied that the development will meet the requirements of the National Planning Policy Framework – namely that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere and, where possible, reducing the flood risk overall. Given the above, proposal would not be lawful and the Certificate of Lawfulness cannot be issued as the development does NOT fall within the remit of the permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015.

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Please note: Documents held in our archival system may not meet current accessibility requirements. Many of these documents are exempt from these requirements. See Accessible documents at Somerset Council for further information.

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