Further works at crumbling 1830s building on Shibden Estate to go through full planning process

A planning inspector has backed Bradford Council’s decision to remove “permitted development” rights from a future housing scheme.
The gatehouse at Upper Shibden Hall on the Shibden EstateThe gatehouse at Upper Shibden Hall on the Shibden Estate
The gatehouse at Upper Shibden Hall on the Shibden Estate

In a move that could set a precedent for other planning decisions, the government appointed inspector dismissed an appeal that would allow further works to the Gatehouse at Upper Shibden Hall, Queensbury, without the need for planning permission.

Earlier this year Bradford Council granted planning permission for the crumbling 1830s building, which is in the greenbelt, to be converted into a two bedroom house.

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But the approval came with a condition – that permitted development rights be removed from the property. National planning rules allow some work, such as small extensions to houses, to be carried out without planning permission.

Bradford Council decided that due to the building’s heritage, and greennbelt location, any changes to the building should go through the full planning process.

Applicants The Shibden Estate Company submitted an application to have this condition removed, but that was refused by Bradford Council this summer.

This decision was then the basis of an appeal, with the company claiming the removal of permitted development rights was “unreasonable and unnecessary.”

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In their appeal documents, the company said: “It was felt that this was an unnecessary condition added at the last minute in an attempt to restrict development at the site.

“The imposition of this restriction creates an unnecessary burden of paperwork for the appellant and any future homeowner as well as for the local planning authority who have limited staff and budgets.”

But the appeal has now been dismissed.

Planning inspector J Hunter said: ” I consider that it would be reasonable to determine that any alterations would have the very real prospect of diminishing the character and appearance of the building and the surrounding open countryside.

“The removal of permitted development rights would not preclude the appellant or any other future owners of the property from applying for planning permission for alterations in the future.

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“This may not be an attractive prospect for potential purchasers of the property. Nonetheless, I am satisfied that there is very clear justification for removing such rights in order to ensure that any future development would be sympathetic to the host building and surrounding area.”

There have been a number of other recent planning decisions where Bradford Council has removed certain permitted development rights from planning approvals.

Under current planning law householders are allowed to turn garages into habitable rooms without applying for planning permission.

At a meeting in 2019 members of Bradford’s Regulatory and Appeals Committee pointed out that the planned garages in a proposed Ilkley housing development were too small to legally be classed as parking spaces. The plans were eventiually approved, but on the condition that permitted development rights that would allow the garages to be converted into living space be removed.

A similar condition was placed on the planning approval for a housing development in Thornton.