Derbyshire farmer is allowed to keep 'Grand Designs' style home

Erewash Borough Council, which has refused the plans three times and has now lost two appeals over the scheme, called the decision ‘illogical and unsound’.

The home in question was to be a modern conversion of a derelict metal sheet barn in Risley Lane, between the villages of Risley and Breaston, submitted by Barry Bickley.

Council planners said last year that the building, first approved by government inspectors at appeal in 2018, was not a conversion and is purely a new build, constructed without planning permission in protected green belt land.

It asked Mr Bickley to reapply for a home, saying this is what had been built, not a barn conversion.

It promptly refused this application, which Mr Bickley appealed for a second time.

Now the planning inspectorate, a government agency, agreed that the barn had not been converted and that it had been rebuilt, which is a planning breach.

It also agreed that construction of a new build in the protected green belt was ‘inappropriate’ and ‘caused harm’ to it.

However, it decided that ‘the applicant’s personal circumstances presented very special circumstances that overcame this harm’.

It said further that ‘the applicant’s personal needs in terms of health and well-being were being met by being able to live in the new dwelling in the green belt’.

The inspectorate said that Mr Bickley was not professionally represented through the project and could not be expected to understand the planning system or structural work being carried out on site.

It added that ‘ignorance of planning legislation and intention would not normally be any defence in respect of a breach of planning control’ but that Mr Bickley’s personal health reasons overrode this.

If the inspectorate had rejected the appeal it is likely that Mr Bickley would have ordered to bulldoze the house and return it back to its previous state.

Richard Snow, development manager for the council, wrote: “It is disappointing to receive such an illogical and unsound decision from the planning inspectorate.

"It is clear that if this reasoning were replicated it would be impossible to prevent anyone from building a home for themselves in the green belt, as anyone could claim ignorance of the planning system and well-being benefits from being able to live in a new house in the countryside.”

Mr Bickley started work on the site in October 2018, after the first appeal success, and that he and his wife ‘sunk their entire life savings’ into the project – which was set to cost £300,000 once complete and fitted.

Mr Bickley said: “We are delighted., we have been living here for 12 months and it is a great weight off of our shoulders.

“We would have been homeless if the inspectorate ruled against us.

“We moved out of our home 12 months ago and put all of our eggs in one basket.

“We were a little bit on edge for the past six months waiting for the appeal hearing and, subsequently, the decision.

"I was always confident because I have always thought we have gone about it all in the right way.

"It was a big sigh of relief.”