AN APPEAL to transform a former cattle barn into a four-bedroom house has been dismissed.
Mr and Mrs Young of Merlins Gate, Broad Town Road near Swindon were denied prior approval to change the use of a cattle barn into a house.
In rejecting the bid, planning officers said: “The application submission fails to demonstrate that the works required to the existing structures are those reasonably necessary for the building to function as a dwellinghouse.
“The siting of the building, in close proximity to a lawful agricultural uses, namely cattle farming, as well as stable buildings would give rise to an unacceptable level of noise and fumes that would significantly harm the amenity of future occupiers of the proposed dwellings.”
The decision to refuse the bid was made on May 20, 2021.
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Planning inspector, Martin Allen was charged with reviewing the now refused appeal.
Mr Allen said that the building is part of a complex of buildings – one of which is being converted into a carport and the remainder appearing to be used as stables or for agriculture.
“These are located in close proximity to the appeal building and their possible use for the accommodation of livestock would result in an unacceptable reduction of the living conditions of the occupiers of the proposal, due to likely noise and odour impacts,” they added.
“While the appellants state there is no intention for intensive livestock accommodation in these buildings, I find that even non intensive use could result in adverse living conditions.
“It has been suggested that the adverse effect of noise and odour could be mitigated through the use of a planning condition, limiting the occupancy of the proposed dwelling to persons employed within the agricultural business.
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“Even if I were to accept that an occupancy condition was reasonably related to the subject matter of the prior approval, I am not convinced that it would meet the test of reasonableness in this instance.
“The dwelling is not justified by way of any essential need and as such to limit the occupancy to those employed at the site would to my mind be overly onerous.
“Furthermore, given the lack of justification through any functional test, I cannot be sure that it would not be unduly difficult for the council to resist the removal of such a condition in the future, should for example the businesses cease operating, the surrounding buildings be sold or the occupants’ circumstances change.”
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