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Planning appeal decision

Quashed On Legal Grounds20 August 20213226961

Haytop Country Park, Alderwasley Park, Whatstandwell, Matlock, DE4 5HP

Planning appeal 3226961 at Haytop Country Park, Alderwasley Park, Whatstandwell, Matlock, DE4 5HP (Amber Valley Borough Council) was decided (quashed on legal grounds) on 20 August 2021 by Inspector Sherratt C, following an inquiry. The main issue, as the Inspector framed it: Whether the Council behaved unreasonably, causing the appellants to incur unnecessary or wasted expense in the appeal process, as described in the Planning Practice Guidance.

Certificate of lawful use for stationing of caravans (Appeal A); enforcement notices alleging material change of use (Notice 1) and unauthorised operational development (Notice 2)

Authority
Amber Valley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Sherratt C
Postcode
DE4 5HP

Main issues, as the Inspector framed them

  • Whether the Council behaved unreasonably, causing the appellants to incur unnecessary or wasted expense in the appeal process, as described in the Planning Practice Guidance

What decided it

The Council's interpretation of the historic planning permissions and its evidential position on the baseline use of the site were found to be substantiated rather than unreasonable, so the statutory test for an award of costs was not met.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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