A FARMING couple who hoped to spend their retirement living in a converted barn are to appeal against a decision to refuse planning permission.

Teesdale District Council's planning committee unanimously refused permission to convert the barn at Mickleton into a house, because of its proximity to a local gun club.

Although the committee rejected claims that converting the barn would have a harmful effect on an Area of Outstanding Natural Beauty, it was concerned about problems that might be caused by noise from the club.

Members heard noise nuisance from the gun club, 30 metres away from the barn, could constitute a criminal offence if the barn was to become a residential property.

If this happened, the club could claim compensation from the council if it was forced to curtail its activities.

The applicant, Freda Longstaff, had said she would be willing to enter into a covenant agreeing not to complain about the noise, but the council's solicitor said that would not be legally binding.

David Boulton, a planning consultant acting for Mrs Longstaff, said: "Any existing nuisance can be catered for in a legal agreement which could help protect the gun club's interests.

"This is not unprecedented. It is commonplace where residential development is near to a working farm, for example."

Councillor William Salvin moved to reject the application, but said: "A way should be found to enable this development to happen."

Councillor Ken Robinson said: "If there is an application next to a railway, or an airport runway, I'm quite sure that authorities are not then subject to liability."

The council's principal planning officer, Trevor Watson, said: "We've had legal advice and this particular advice is quite clear.

"If the applicant does not agree with it, the correct procedure is through an appeal."

Mrs Longstaff was hoping to renovate the barn, for when she and her husband, Richie, a farmer in Newbiggin-in-Teesdale, retire.

She said: "I am very disappointed with the way the meeting I went. I will be appealing against the decision, I am determined to fight this to the bitter end."