- Decision
- allowed, 28 August 2026
- Decided by
- Planning Inspector: N Unwin
- Authority
- Cheshire West and Chester (North West)
- Appeal reference
- 6008197
- Application reference
- 24/03166/S73
- Procedure
- written representations
- Development
- Appeal against condition 4 (blanket removal of PD rights) on s73 permission for barn conversion to two dwellings
- Homes
- 2
- Site context
- open countryside
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM6(2)(c), DM6(1)(c)
- Main issues
- PD-rights condition
Summary
A blanket PD-rights removal condition on a barn conversion was replaced with a class-specific one. The original condition was imprecise and lacked the "clear justification" that DM6(2)(c) requires for most roof alterations. Extensions and curtilage buildings could still harm the barn's isolated agricultural form, so removing those classes was justified (DL ¶¶9–12).
What made the difference
The Inspector tested each GPDO class against the character reason. Classes C and G (limited roof alterations, flues) "would be relatively limited in scale and preserve the character", so removing them was unnecessary (DL ¶12). The Framework was said not to change the policy context on this issue (DL ¶2).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6(2)(c) | pass | brief "agricultural character" reason not clear justification for a broad PD removal; classes A, AA, B, D, E and Part 2 A justified, C and G not (DL 10-12) | |
| DM6(1)(c) | fail | original condition imprecise — did not name GPDO classes, contrary to PPG (DL 9) |
Key facts
- Traditional barn partly visible from public realm, isolated agricultural character
- Condition replaced with class-specific PD removal (Part 1 A, AA, B, D, E; Part 2 A)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.