Whitelow Mines, To the South of the Junction of Blackmere Lane/Leys Lane, Bonsall, Derbyshire, DE4 4JH

Material change of use of the Land to use for motocross scrambling, where scrambling is use of any motorcycle or motor vehicle for the purposes of either racing, competition, jumping or negotiating obstacles, a display for entertainment, leisure or recreation, trials of speed, or the testing, practice or training for any of these activities

Authority: Peak District
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: leisure-sport · Major retail and services
Inspector: Pleasant L

Main issues, as the Inspector framed them

The issue [ground (b)] is whether as a matter of fact the matters alleged were being carried out on the Land
The main issue [ground (d)] is whether the material change of use took place before the 29 June 2010 with the alleged use continuing substantially uninterrupted for at least 10 years thereafter
The issue [ground (f)] is whether the requirements are excessive to achieve the purpose(s) of the notice

What decided it

The Appellant failed to demonstrate, on the balance of probability, a continuous 10-year period of unlawful use of the Land for motocross scrambling exceeding permitted development thresholds.

Judgments cited: Miles v National Assembly for Wales [2007] JPL 1235; Hart DC v Benford [2006] JPL 1318; R (Ocado Retail Ltd) v LB of Islington [2021] PTSR 1833; [2021] EWHC 1509 (Admin); Duguid v SSETR & West Lindsey DC [2001] JPL 323

Read the decision letter on the Inspectorate’s site

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