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Planning appeal decision

Notice varied and upheld7 December 20223271439

Land at Manor Lodge, Little Bolehill, Bolehill, Derbyshire, DE4 4GR

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
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Gray E

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 failed to produce sufficient precise and unambiguous evidence to establish on the balance of probabilities that the building had been in continuous residential use for four years or more prior to 5 December 2020, with significant timescale gaps in the evidence being of insurmountable concern.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.