®Planning appeal decision
Border View Farm Rod Moor Road, Dronfield Woodhouse, Dronfield, S18 8XL
Planning appeal 3263940 at Border View Farm Rod Moor Road, Dronfield Woodhouse, Dronfield, S18 8XL (North East Derbyshire District Council) was dismissed on 8 June 2021 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Appeals A and B: whether at the date the notice was issued, enforcement action could be taken in respect of the breach (ground (d) — four-year time limit for building operations).
Appeals A and B: erection of a building covering a riding arena (dismissed); Appeal C: material change of use of building from agricultural use to café (allowed); Appeal D: no action; Appeal E: erection of a shed/building (dismissed)
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Willows P
- Postcode
- S18 8XL
Main issues, as the Inspector framed them
- Appeals A and B: whether at the date the notice was issued, enforcement action could be taken in respect of the breach (ground (d) — four-year time limit for building operations)
- Appeal C: whether the café is inappropriate development in the Green Belt; the effect on openness of the Green Belt and purposes of including land in it; effect on character and appearance; road safety, access and parking; whether any harm is clearly outweighed by other considerations
- Appeal E: whether the building is inappropriate development in the Green Belt; effect on openness of the Green Belt; effect on character and appearance; whether any harm is clearly outweighed by other considerations
What decided it
Appeal C: the building is of permanent and substantial construction and the change of use to café does not harm Green Belt openness, purposes, character/appearance or highway safety, therefore it accords with the development plan and is not inappropriate. Appeal E: the substantial harm to the Green Belt from the new building is not clearly outweighed by the temporary Covid-19 support argument.
Appeal C: no balancing exercise required as the development is not inappropriate and causes no harm. Appeal E: the substantial harm to the Green Belt was not clearly outweighed by the temporary pandemic support argument.
What the Inspector cited
- Development plan policies
- Policy GS2Policy GS7Policy SDC1Policy SS10Policy ENV1Policy T2
- National Planning Policy Framework
- Paragraph 146Paragraph 145
- Judgments
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.