Agenda item

NED/22/00508/FL - HIGHAM

Section 73 Application to remove condition 12 (removal of permitted development), pursuant to Application NED/97/00521/FL at The Barn, Corner Farm, Main Road, Higham.


(Planning Manager – Development Management)



The report to Committee explained that an Application had been submitted to remove Condition 12 (Removal of Permitted Development), pursuant to 97/00521/FL at The Barn Corner Farm, Main Road, in Higham. The Application had been referred to Committee by Councillor R Shipman, who had raised concerns about it.


Planning Committee was recommended to refuse the Application.  The report to Committee explained the reasons for this.


Members were informed that the property had been designated as a Heritage Asset. They were advised that the Condition had allowed the Council, as Local Planning Authority, to consider and if necessary prevent developments that would have an adverse impact on it. Officers felt that that this Condition protected the Heritage Asset, that it continued to be reasonable and that it should be retained. The report also pointed out that the Condition was in line with the National Planning Policy Framework (NPPF) and the relevant Local Plan Policies.


Before the Committee discussed the Application the Applicant, F Cropper, spoke in support of it. No one had registered to speak against the Application.


Committee considered the Application. It took into account the relevant Planning Issues. These included the Principle of Development, which had been accepted with the grant of planning permission under Planning Reference 97/00521/FL. Committee considered the location of the property within the Settlement Development Limits (SDL) for Higham. It took into account Local Plan Policies SS1 and SDC5, which seek to ensure that any proposals protect the character, quality and setting of towns and villages and heritage assets. Committee considered Local Plan Policies SS7 and SDC12, which seek to ensure that proposals are appropriate in scale, design and location and are in keeping with the surrounding area.


Members discussed the Application. They reflected on the location in a Conservation Area and on what impact inappropriate developments at the property might have.  They noted that applications for planning permission to carry out specific developments would still be required, even if Condition 12, Removal of Permitted Development, was rescinded, so that inappropriate changes could be prevented. 


At the conclusion of the discussion, Councillor D Ruff and Councillor A Powell moved and seconded a motion to approve officer recommendations and to reject the Application. The motion was put to the vote and was approved.




That the Application be refused, in line with officer recommendations.







The removal of the permitted development rights described under condition 12 of planning permission NED/97/00521/FL relates to a former barn and workshop which has been converted to a residential dwelling.  The building lies within the Higham Conservation Area and is part of a former traditional farmstead, which forms part of the historic environment, and is considered to be of significance within the Higham Conservation Area.


The removal of the permitted development rights remain justified in order for the Local Planning Authority to retain control of any additions to the building ensuring the continuing protection of the historic character of this former farm building and its setting within the Conservation Area. To grant permission for the removal of this condition would be contrary to policies LC5, SDC5 and SDC12 of the North East Derbyshire Local Plan.


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