Badger Brook Barn Hills Lane, Stanton-By-Bridge, Derby, DE73 7HY

Planning appeal 3286785 at Badger Brook Barn Hills Lane, Stanton-By-Bridge, Derby, DE73 7HY (South Derbyshire District Council) was dismissed on 21 April 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the appeal agricultural building satisfies the criteria for residential conversion under Local Plan policies H28 and BNE5.

Material change of use of agricultural building to mixed use as dwellinghouse (Use class C3) and agriculture, with formation of first floor residential accommodation

Authority: South Derbyshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Whalley J
Postcode: DE73 7HY

Main issues, as the Inspector framed them

Whether the appeal agricultural building satisfies the criteria for residential conversion under Local Plan policies H28 and BNE5
Whether there is an essential agricultural need for residential accommodation on the site under Local Plan policy H25
Whether the development complies with the requirement to avoid isolated homes in the countryside under NPPF paragraph 80

What decided it

The agricultural building is a recently constructed structure unsuitable for conversion under Local Plan policy H28, there is no essential agricultural need for residential occupation, and the development would constitute an isolated dwelling in the countryside contrary to NPPF paragraph 80.

What the Inspector cited

Development plan policies: Policy H1Policy H25Policy H28Policy BNE5Policy SDT1
National Planning Policy Framework: Paragraph 80

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.