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Planning appeal decision

Notice upheld21 April 20223257919

Lady Lea Road, Horsley, Ilkeston, Derbyshire, DE21 5BN

Planning appeal 3257919 at Lady Lea Road, Horsley, Ilkeston, Derbyshire, DE21 5BN (Derbyshire County Council) was dismissed on 21 April 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the materials imported and deposited on the land constitute waste as alleged in the enforcement notice.

Importation and deposit of waste materials onto agricultural land

Authority
Derbyshire County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Major general industry/storage/warehousing
Inspector
Whalley J
Postcode
DE21 5BN

Main issues, as the Inspector framed them

  • Whether the materials imported and deposited on the land constitute waste as alleged in the enforcement notice
  • Whether the importation and deposit of materials constitutes a breach of planning control
  • Whether the requirements of the enforcement notice are too onerous

What decided it

The imported materials contained substantial unscreened waste items including concrete blocks, bricks, tarmac and plastics, demonstrating they were waste requiring planning permission rather than processed soils suitable for agricultural restoration.

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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