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Dismissed7 December 20223269588

Manor House, Little Bolehill, Bolehill, Derbyshire, DE4 4GR

Planning appeal 3269588 at Manor House, Little Bolehill, Bolehill, Derbyshire, DE4 4GR (Derbyshire Dales District Council) was dismissed on 7 December 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether, at the time the enforcement notice was issued, it was too late to take enforcement action (ground (d)).

Without planning permission, the unauthorised change of use of the building and associated land from office use (Use Class B1) permitted under Part 3, Class R of Schedule 2 of the Town and Country Planning (General Permitted Development (England) Order (2015) (as amended) to a Dwellinghouse (Use Class C3)

Authority
Derbyshire Dales District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Gray E
Postcode
DE4 4GR

Main issues, as the Inspector framed them

  • Whether, at the time the enforcement notice was issued, it was too late to take enforcement action (ground (d))
  • Whether the time given to comply with the notice is too short (ground (g))
  • Whether a certificate of lawful use or development should be granted for residential use

What decided it

The appellant's failure to produce sufficient precise and unambiguous evidence of continuous residential use for four years or more meant lawfulness could not accrue, and the enforcement notice was properly served.

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More decisions in Derbyshire Dales

The authority’s record since 2016 · every decision in 2022

  1. Dismissed17 August 20266009542
    Redundant Barn, Kings Hill, Brassington, DE4 4NT
  2. Notice upheld5 August 20263373290
    The Cottage, Alferton Road, The Cliff, Matlock, Derbyshire, DE4 5EZ
  3. Notice varied and upheld22 June 20263375058
    Land West of Foxholes Lane, Tansley, Matlock, Derbyshire, DE4 5LF
  4. Notice varied and upheld17 June 20263373415
    Sunny Side The Dale, Bonsall, Matlock, DE4 2AY
  5. Notice upheld16 June 20263372863
    Land to the Northeast of Blackwall Grange, Blackwall Lane, Kirk Ireton, DE6 3LN

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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