Moxon's Barn

I have lived at Hillside Farm for over six years. During the course of this time I have had to accept that my relations with the owners of the neighbouring ground, John Moxon, his wife Barbara and son Gary, can no longer be civilised.
Their behaviour to previous occupants of Hillside Farm has always been appalling. These previous occupants were; Lynne Phillips between 1999 and 2005, and Ian Jones between 1989 and 1999.
The Moxon family do not seem to understand the maxim "Do not do to others what you do not wish done to yourself."

The Moxon's have been trying to get residential status on their ground making planning applications since 1986. They have been particularly focused on a barn, which is adjacent to my shed. They have applied for planning seven times since 1986 for conversion to either a holiday cottage or agricultural dwelling.
They were finally successful on the 8th Jul 2009. While they were making that application they behaved in a relatively neighbourly way towards me. However once they achieved approval their behaviour lapsed back to inconsiderate and menacing.

Since receiving the Planning Permission they did works to the barn and surrounding area, which were completely contradictory to the Planning Approval while at the same time behaving in a secretive and outwardly hostile way towards me.

Although I never wanted a holiday cottage next to my barn I fully accepted that the Planning application and Planning Approval was fair and I resigned myself to this development. I did what most people would do in the circumstances and ignored what was taking place by planting two cheap leylandii alongside an existing hedge to screen the works.

I was resigned to there being constant works and the bustle of a normal building site, I expected a steady flow of architectural advisors, building inspectors, structural engineers and hard hats. Instead the Moxons executed major earthworks removing the ground from around the existing barn undermining its footings without involving any of the normal authorities. Whereas I was resigned to all the paraphernalia of a modern building site I increasingly became aware that the Moxons were going about their development by 'going alone'. At the same time as they were 'doing their own thing' with the barn they put up a laughable screen to protect my view of their works and returned to their previously antagonistic behaviour towards me.

I did the only thing that any 'normal' person could do I started keeping a record of site events . . . . . .

The Parish Council reported the unauthorised development and the Planning Department visited the site in April or May 2011.
The Derbyshire Dales Planning Department served a requisition notice on Mr G. Moxon between April and May of 2011 in response to the unauthorised work on the barn. This work invalidated the Planning Permission 09/00239/FUL, for the 'conversion of the barn to a holiday cottage' so all the work the Moxons have done is invalid.
The Planning Department followed their normal procedure and asked the Moxons to re-apply for (retrospective) Planning Permission.


This new Planning Application was a lot more vulnerable to a decent representation against it and on account of the Moxons extremely unreasonable behaviour to me I took no hesitation in doing so.
 

Representation against Planning Application 11/00020/FUL

This was my representation objecting to the Planning Application 11/00020/FUL by Architectural Services for Mr G. Moxon. Dated June 2011 and stamped 07 JUL 2011.
This representation both validated the requisition notice for the first Planning Permission and more importantly shows why the Planning Application should not be permitted.
 
This was my entire 'Representation' to the Derbyshire Dales Planning Department submitted on the 25th July 2011.

This is the copy of the letter I had stamped by reception at Derbyshire Dales when I submitted my representation - Representation_to_Planning_25_Jul_2011_with_Stamp.pdf
 
Document A - Photographs submitted. - Press on the thumbnails below to download the full original image (approx 3MB each)
 
    12th May 2010
These show that a large amount of ground had recently been excavated from around the still intact barn, undermining the footings. Scaffolding has been erected on the southeast and northwest walls.
2010_0540_Moxon_Barn_12_May_thumb.jpg   2010_0544_Moxon_Barn_12_May_thumb.jpg    
     
2010_0545_Moxon_Barn_12_May_thumb.jpg   2010_0546_Moxon_Barn_12_May_thumb.jpg    
       
2010_0550_Moxon_Barn_12_May_thumb.jpg        
   

4th & 7th November 2010
This was taken inside the barn showing the roof truss held up on that side by an acro prop. The tiles and lathes have been removed from the southeast roof. The roof rafters are sawn through.

Here is the demolished eastern corner of the barn showing approximately 800mm of excavation beneath floor level.
2010_5703_Moxon_Barn_4_Nov_thumb.jpg   2010_5906_Moxon_Barn_7_Nov_thumb.jpg    
   

11th November 2010
This shows the start of a new southeast wall approximately one metre from the existing wall.

This shows:

  • The demolished southeast roof.
  • The roof rafters sawn through approximately 300mm from the southeast wall.
  • The start of the new southeast wall and the machine used to dig the new footing.
  • The demolished eastern corner of the barn.
2010_6152_Moxon_Barn_11_Nov_thumb.jpg   2010_6201_Moxon_Barn_11_Nov_thumb.jpg    
   

13th & 16th November 2010
This shows the construction of the new southeast wall.

This shows:

  • The demolished southeast roof.
  • The sawing of the roof rafters and the roof truss held up by acro props.
  • The demolished eastern corner of the barn.
  • The excavation for the new floor level.
2010_6220_Moxon_Barn_13_Nov_thumb.jpg   2010_6252_Moxon_Barn_16_Nov_thumb.jpg    
   

20th & 25th November 2010
This is taken in the building and is looking down the new southeast wall towards the east corner. This shows the difference between the old and new floor levels.

This shows:

  • The demolition of the northwest roof except for a small remaining part to protect the mains electric meter. A section of the roof truss remains to carry this remaining part of roof and is held up by an acro prop. It is sawn through.
  • The new block work on the southwest gable wall to accommodate the 1 metre extension.
2010_6334_Moxon_Barn_20_Nov_thumb.jpg   2010_6402_Moxon_Barn_25_Nov_thumb.jpg    
      1st December 2010
This was taken from Hillside Farm the day after the heavy fall of snow, showing Moxon's barn from the northwest with the small part of remaining roof untroubled by the conditions.
I believe the statement in the Planning Application "During the course of construction during the last cold winter some of the walls collapsed" is refering to this fall of snow and the temperatures we experianced for the rest of the month.
The previous photographs to this one show much of the demolition had already been done in more clement weather.
2010_6503_Moxon_Barn_1_Dec_thumb.jpg        
   

14th March 2011
This shows the demolished internal wall.

This shows the nothwest wall.
2011_0800_Moxon_Barn_14_Mar_thumb.jpg   2011_0804_Moxon_Barn_14_Mar_thumb.jpg    
    24th March 2011
This shows the demolished internal wall.
2011_1400_Moxon_Barn_24_Mar_thumb.jpg   2011_1401_Moxon_Barn_24_Mar_thumb.jpg    
    This shows the barn's northern corner before it is demolished.
2011_1402_Moxon_Barn_24_Mar_thumb.jpg   2011_1403_Moxon_Barn_24_Mar_thumb.jpg    
      3rd April 2011
This shows the demolished northern corner of the barn and the excavated ground for the new floor level.
2011_1560_Moxon_Barn_3_Apr_thumb.jpg        
    6th April 2011
Showing the new footings and block work for the new northern corner of the barn.
2011_1575_Moxon_Barn_6_Apr_thumb.jpg   2011_1581_Moxon_Barn_6_Apr_thumb.jpg    
 

Planning Permission Refusal and Moxon's appeal to the Planning Inspectorate
 
 
  • This is the Derbyshire Dales Planning Department's 'Internal Consultation Response' showing the working of how the decision was taken - 2011_Internal_Consultation_1100020
 
 

I made a Representation on the 31st October 2011 opposing Gary Moxon's appeal to the Planning Inspectorate and in support of the Derbyshire Dales Planning Department's decision to refuse planning permission for the Planning Application 11/00020/FUL.
This is my entire 'Representation' to the Planning Inspectorate submitted on the 31st Oct 2011.

     
Document_J_Barn_in_1989   Document_H_Map_1984    
 

Within the three page Appeal Decision is the following text:
10. Most of the original building no longer exists, and I consider that as a matter of fact and degree what remains cannot be reasonably regarded as a building for planning purposes. The appeal proposal cannot therefore comprise the re-use, adaptation or change of use of a building capable of conversion without extensive alteration or rebuilding, as provided for in Policy EDT19 of the Local Plan. Furthermore, the scheme does not involve the erection of a replacement building as described in Policy EC7 of PPS4, as there is no building to replace.
11. It follows therefore that the proposal constitutes new development in open countryside, contrary to Policy EDT19 and PPS4.