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Planning appeal decision

Split Decision9 March 20223272250

Land Adjacent to 1 Swathwick Lane, Wingerworth, CHESTERFIELD, Derbyshire, S42 6QW

the unauthorised change of use of land from agriculture to residential use including the creation of a large concrete hardstanding and plinth and the installation of a water tank, diesel generator and diesel storage tank

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Willows P

Main issues, as the Inspector framed them

  • Whether enforcement action could be taken in respect of the breach of planning control at the date the notice was issued
  • The effect of the development on the character and appearance of the area

What decided it

The passage of time meant that the water tank and the residential use of the strip of land on which the tanks and generator were located were lawful (more than 10 years), whereas the change of use of the remaining part of the site to residential use and its associated hardstanding were unlawful and harmful to rural character.

Plan policies cited: Policy SS1, Policy SS9, Policy W2

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.