Planning appeal dismissed for 1 Pen Y Wern Cottage, Penperlleni

The Planning Inspectorate has dismissed an appeal concerning 1 Pen Y Wern Cottage, Pen Y Wern Road, Penperlleni, Goytre (NP4 0AB). The decision was issued by Zoe Baxter BSc, MSc, MRTPI, acting as an Inspector appointed by the Welsh Ministers.

The appeal followed the refusal of planning permission by Monmouthshire County Council in December 2024.

Appeal details

• Reference: CAS-03994-W7R9B0
  
• Applicant: Mr Lyndon Hawkins
  
• Nature of appeal: Planning permission under section 78 of the Town and Country Planning Act 1990
  
• Proposal: Conversion of outbuilding to two holiday lettings
  
• Application Ref: DM/2024/00398 (dated 25 March 2024)
  
• Council decision: Refused 18 December 2024
  
• Site visit: 1 May 2025

Outcome: Appeal was dismissed.

Main issues

The Inspector identified two main issues:

1. Whether the proposed development would comply with planning policies concerning residential conversions in the countryside.
   
2. Whether the proposed development would adversely affect the integrity of the River Usk Special Area of Conservation (SAC).

Reasons

Site context

The appeal site comprises an existing outbuilding within the garden of the semi-detached cottage, adjacent to the southwestern boundary and Pen Y Wern Road. Although close to Penperlleni, the property is outside the settlement boundary defined in the Monmouthshire LDP and is therefore considered to be in the countryside. During the site visit, the outbuilding was in use for storage and as a workshop.

Residential conversion policies

• Policy T2: Outside town and village boundaries, permanent serviced or self-catering visitor accommodation is permitted only if it involves re-use and adaptation of existing buildings, in compliance with Policy H4 criteria.
  
• Policy H4: Conversion of rural buildings for residential use requires, among other things, that buildings have been used for their intended purpose for a significant period, with special scrutiny for buildings less than 10 years old.

The appellant submitted evidence that an outbuilding had existed at the site for over 70 years, including historical maps (1971) and Google Streetview images (2009, 2011).

However, planning permission granted in 2020 (DM/2020/01459) authorized the rebuilding of the outbuilding. The new structure, while similar in size, differs in shape and position. Therefore, the outbuilding subject to the appeal has not been in use for its intended purpose for 10 years, failing the Policy H4 criterion.

• The Inspector concluded the proposal does not comply with Policies H4 and T2 regarding residential conversions in the countryside.

River Usk Special Area of Conservation

• The River Usk is a SAC protected under the Conservation of Habitats and Species Regulations 2017.
  
• Natural Resources Wales (NRW) has introduced new phosphate standards for the Wye and Usk catchments.
  
• The appeal site is not on mains drainage; a private Vortex ASP sewage treatment plant was proposed.
  
• The appellant provided general information on the treatment plant but no site-specific details on its location or drainage field, and no soil/percolation testing data.

Inspector’s conclusion: Due to limited evidence, the proposal could have a significant effect on the River Usk SAC, posing an unacceptable risk contrary to LDP Policy EP1 and the Conservation of Habitats and Species Regulations 2017.

Other matter

The proposal could create local jobs and provide accommodation for visitors. However, the scale of the development means these benefits do not outweigh the harm identified.

Conclusion

• The proposal fails to comply with countryside conversion policies.
  
• The proposal poses an unacceptable risk to the River Usk SAC.
  
• No overriding public benefits justify granting permission.
  
• In accordance with the Well-Being of Future Generations (Wales) Act 2015, the decision supports sustainable development principles.

Final decision: The appeal is dismissed.

Council response

Monmouthshire County Council minutes recorded:

• Appeal dismissed following Planning Inspectorate report.
  
• Site visit held on 1 May 2025 was noted.