Developer takes Donnington barn conversion scheme to appeal as council accused of 'reneging' on agreement
A property developer has appealed to a Government inspector after Telford & Wrekin Council refused to agree that a barn conversion scheme should be covered by permitted development rights.
Some of the farm barns at Lubstree Barns, off Humber Lane, Donnington, were converted to housing some time ago. Residents living there objected because of the state of the single-track road leading to the site.
The appellant’s agent Stansgate Planning has told the inspector that council planners had “reneged” on an agreement to give it more time to submit a flood risk assessment.
The council’s drainage officer had put in a formal objection because the access road is “subject to a high risk of surface water flooding”.
The agent added: “Despite an extension of time being agreed with the council to allow for the submission of this report, the council reneged on this agreement and issued their formal decision before the statement could be submitted.”
The statement said that the properties would not be affected by flooding and that if parts of the road flooded to a depth of 20cm, “vehicles would be able to pass through and given the localised nature of any flooding, those on foot or cycle could simply pass around the extent of the flooding”.
A drainage strategy could also be implemented to help to mitigate the issue.
It was the second time that applicant Mark Davies, of Lubstree Barns Ltd, had unsuccessfully applied for prior approval to be granted after comparing the already converted barns and the proposal.
Council planners had pointed out that local planning policies have changed and the development did not meet the criteria to be covered by the same rights.
They cited several reasons why the plan could not be considered to be permitted development.
Other barns on the site had been given permission to be converted to eight homes in 2014 and many residents living on the site also lodged formal objections.
One resident wrote that the application contains “multiple factual inaccuracies, fails to properly assess transport impacts, and does not adequately address noise, contamination, and flooding”.
“The proposed development would result in a significant and detrimental increase in traffic through an inadequate access road, causing substantial harm to existing residents’ amenity and highway safety.”
Others wrote that the access road is “not adequate for the existing dwellings, let alone five more”.
“At the entrance from Humber Lane there are large pot holes and the entrance is on a dangerous corner.”
The council planning department, officials and residents will have the opportunity to respond before the planning inspector makes a decision.
It is set to be decided by the inspector on the basis of written statements.
