# Redundant Barn, Kings Hill, Brassington

- **Decision:** dismissed, 17 August 2026
- **Decided by:** Planning Inspector: M Clowes
- **Authority:** Derbyshire Dales (East Midlands)
- **Appeal reference:** 6009542
- **Application reference:** 25/00700/FUL
- **Procedure:** written-representations
- **Development:** Demolition of redundant 19th-century barns and erection of a dwelling
- **Homes:** 1
- **Site context:** conservation-area, rural-lane
- **Green Belt:** no
- **Framework applied:** December 2024 NPPF (transitional)
- **Determinative policies:** HE7, HE6, TR6(4)
- **Development plan policies:** Derbyshire Dales Local Plan 2017 S4, PD1, PD2, PD3, HC19
- **Main issues:** NDHA and conservation area, highway safety, protected species
- **Tags:** transitional, heritage-harm-decisive, ndha, conservation-area, tier-2

## Summary
Demolition of 19th-century roadside barns (an NDHA) in the Brassington Conservation Area, to build a dwelling behind, was dismissed. The grounds were near-total loss of the NDHA, CA harm, unsafe visibility splays and no bat survey. The letter is dated 17 August 2026, the day the new Framework was published, but it cites only December 2024 NPPF paragraphs (212, 215, 216, 206, 187). The "S4" in the corpus index is Local Plan policy S4.

## What made the difference
There was no structural, viability or marketing evidence that the barns could not be repaired or reused: "The possibility that a building may continue to deteriorate if permission is refused is not, in itself, a convincing justification for its demolition" (DL ¶17). The case is useful mainly as a same-day transitional example where the old Framework was applied without comment.

## Policy findings
- **HE7: harm (substantial weight).** decided under Dec 2024 NPPF para 216 - near-total loss of NDHA barns, harm of very considerable magnitude; no structural, viability or marketing evidence (DL 5-21)
- **HE6: harm (considerable weight).** Dec 2024 paras 212/215 - middle of less-than-substantial scale to Brassington CA; limited benefits (DL 22-27)
- **TR6(4): fail.** visibility 2 m north / 13.5 m south on narrow lane - unsafe access (plan policies S4, HC19) (DL 28-34)

## Key facts
- Decision dated 17 August 2026 (publication day) but reasoned wholly under December 2024 NPPF paragraph numbers
- The S4 cited is Derbyshire Dales Local Plan policy S4, not NPPF S4
- No 5YHLS shortfall evidence and self-build not secured; bat survey lodged late and not accepted

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009542
- https://appeal-planning-decision.service.gov.uk/published-document/6f446668-97d3-45ac-90cd-06152e901c3f

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009542.html

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