'£1m' property owner given 18 months to demolish unauthorised home on Derbyshire Green Belt

NE Derbyshire District Council issued the notice to new owner Chris Denton after he bought The Long Barn, at Shirecliffe Lees, in Barlow, near Dronfield, following the former owner’s approved conversion of a farm building into a dwelling but also after the former owner’s subsequent unauthorised demolition and rebuild of the property without planning permission.

The council confirmed that even though the current owner bought the newly-built property after the original building had been demolished and rebuilt by the former owner the planning permission lies with the land and this is transferred where ownership is transferred.

A council spokesperson said: “The planning permission did not authorise the demolition of the building and its subsequent rebuilding, nor would planning permission have been granted for the demolition of an agricultural building and its rebuilding as a dwelling in the countryside.

“Choosing to demolish a building and ‘starting again’ because it is easier, more convenient, or more desirable is not within the spirit of the planning permission that was applied for and granted by the council.”

NE Derbyshire District Council established in May, 2024, that the building had been demolished and totally rebuilt and planners issued contravention notices to the owner of Long Barn and launched an investigation with responses indicating that the current owner was not involved in the original conversion.

The current owner’s solicitor provided a timeline of work at the property, according to the council, with a completion certificate from the Approved Building Control Inspector and their belief that matters did not require urgent attention and there were possible alternative ways forward.

In June, 2024, council officers tried to engage with the original owner and developer with an initial reply stating information would be provided but, according to the council, the original developer has since declined to engage.

During a site meeting in July, 2024, with council officers, the property owner and their solicitor, it was explained by the council that the original development had only been for a conversion and not for a rebuild.

The council has stated that evidence appears to show the building had been razed to the ground apart from two small sections and there was a complete unauthorised demolition and rebuild without planning permission.

NE Derbyshire District Council explained developments on Green Belt allow for some conversions but approved replacements need to show the building would have the same use such as with agricultural properties.

A council spokesperson added: “In deciding whether to take enforcement action, the council always considers whether it could support a planning application for the retention of the development.

“For retrospective development, the council is required to determine this in the same way as if the development had not been carried out. In this case both national planning policy and the council’s Local Plan regard this as an inappropriate development and it would be unlikely to receive approval.

“There are no ‘very special circumstances’ from the evidence presented to date that would clearly outweigh the harm to the Green Belt. The site is outside any defined settlement limit and in a location which is unsustainable.”

The council also regards its enforcement action as being in the public interest with concerns that the authority must be seen to fulfil and enforce its conversion policies without exception to safeguard precedent concerning past and future planning matters while stressing the importance of reporting matters earlier.

A council spokesperson said: “These are issues that the council has taken very seriously but finds the balance of public interest favours taking enforcement action.

“This is not the kind of action that any council wishes to take but we are mindful of the public perception of not enforcing the council’s conversion policies which would otherwise seriously undermine the council’s position in future planning applications.

“Ultimately, the policy must be applied fairly and consistently and we must be fair to those that have had similar planning applications refused and their appeals to the Secretary of State dismissed.”

NE Derbyshire District Council also stated the unauthorised demolition and rebuild of the property in question is understood to have happened between 2020 and January, 2021, and it therefore just falls within the council’s timescale of four years in which it would be duty bound to pursue enforcement action.

It also explained the council’s responsibility to compliance and enforcement action, which was issued this week, is necessary for the integrity of the planning system.

The owner of the property – valued at around £1m on Rightmove – will be allowed to appeal to the Planning Inspectorate on the merits of the unauthorised development and the council has stated that should further information on the matter be presented this will be considered.

In the meantime, the owner of the property will be expected to comply with the enforcement notice within the next 18 months unless the notice period is extended and non-compliance can result in a criminal prosecution.